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Where there is society: Max Weber and Thomas Hobbes
Where there is society, there is right since the definitions of society and law are complemented so that one cannot exist without the other. There are antagonistic ideas that claim that where there is society there is no right in a mandatory way. That is why throughout this essay we will analyze some ideas about it.
- Society, relations of individuals generally similar, with certain rules. For this essay we particularly refer to human societies since they are the most developed.
- The right, inspired by ideas of justice and order, form a set of norms and principles. As the word justice is known and order varies according to societies.
Societies do not need rights because they serve without them, an example of this is how China has operated for years without having written laws and without having lawyers (Rio & Lopez, N.d.). Indeed China has not had written laws, however, they have not had rights. There were rules and norms, an iusnaturalist that allowed there to be an order and guarantee a decent life in a certain way. Own rights of humans that agree with a moral and general ethics. In a certain way because Confucio was always in favor of the rulers and the obedience of the people before these.
Society is a set of singular with various interconnections and natural law arises when a majority agrees. Many rights and laws are what people deposit their trust and values. Max Weber has the perspective that the reason we accept the existence of laws is because we believe in this perception of justice.
Every society has rights since individuals have an idea of the right and fair. A generalized vision of justice according to a people, it will cause the emergence of law. However, in some parts of the world there are people to whom these natural laws usually harm them so that there is no justice in said right. The law does not always enjoy flexibility, there are rights and laws designed for individuals in an era and different contexts and yet they still remain in practice reflecting the ideas that the past had about fair and ethical.
Thomas Hobbes started from the idea that a society without a state would be equivalent to the end of society, hence his idea that man is a wolf of man. However, although it is very successful that without law there would be many illicit acts as can be seen in moments of exception. It is also true that without justice or ethical it would be the only way in which rights as such would cease to exist. So it is very hurried to ensure that a society without right can exist and continue to be called society.
There can be no company without right since both complement each other. Many societies despite not possessing positive laws, have had rights and laws. That there are no positive rights does not mean that there are no rights in itself. Rights are what individuals deposit their trust, law exists because the justice and ethics of a society exist. Societies are not static and some rights or laws feel obsolete because they started from a very particular vision of justice and past ethics. A society without ethics or justice could be a society without the right, but without the right it would end up ceasing to be called society. A society without right is a fear for many, but as long as values, emotions and relationships between individuals are maintained, rights will exist and society also.
- Hobbes, t., & Sánchez Sarto, M. (1980). Leviathan: o The matter, form and power of a republic, ecclesiastical and civil. Retrieved from https: // is.Wikipedia.org/wiki/leviatán_ (hobbes)
- meanings. (n.d.). Meaning of positive law (what is, concept and definition) – meanings. Retrieved November 26, 2019, from https: // www.meanings.com/law-positive/
- Bendix, d. R. (n.d.). Max Weber.
- Wikipedia. (2019). law. Retrieved from https: // is.Wikipedia.org/wiki/right
- Julián Pérez Porto, and María Merino. (n.d.). Definition of society – What is, meaning and concept. Retrieved November 26, 2019, from https: // definition.of/society/
- Meaning of iusnaturalism (what is, concept and definition) – meanings. Retrieved November 26, 2019, from https: // www.meanings.com/iusnaturalism/
- Rio, n. Y. DEL, & LOPEZ, V. (n.d.). Chinese civilization and their legal contributions. Retrieved from https: // www.monographs.com/works62/contributions-legal-live-china/contributions-juridicos-civil-china.SHTML