Law without a state: An approach

Abstract

To achieve the model proposed for law, there is a need to advocate a specific play of democracy and human rights, but what is it? According to what has been said, a procedural democracy would be no good to us, as, in the constitutional rule of law, the human rights operate a primary transformation insofar as they refer to the operation of the democratic mechanisms with regard to their scope and limits; this means that democracy is not always a possible result in morally acceptable conditions, nor is it always an appropriate or desirable result. In contrast, what we know as material implies the consideration of a series of values as belonging to democracy; these values are, because of their link with liberalism, freedom and formal equality and, because of their link with ethical socialism, material equality and solidarity.

Keywords:

• law
• state
• democracy
• human rights
• social dimension