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法之權威因素之分析

An Analysis of Law: The Authoritative Element

摘要


法之權威性為法的特質之一,係國家公權力的象徵,可從宗教、人性、社會意識等三個層面觀察其形成的背景;其存在的態樣有二,一是形式的,指物理力之運用,一是實質的,指社會心理力。惡法亦法仍有其權威乃是由於物理力之運用,產生威嚇效果之下的服從心理,然權威之強度大減。法之權威之存立計有功能、傳統、學理及心理等五個基礎,心理的基礎為法之權威之最後基礎,蓋法之所以有其真正的權威,應歸結於法律能使提供美好生活的保障,故深得人心。

並列摘要


Among the characteristics of law is the Authoritative Element which demonstrates the governmental authority through the application of law. The making of the said Element can be observed from three angles: religion, human nature and social consciousness. The Element exists both in form and in substance. By form, it means the exercise of physical force, and by subsance the social psychological force. Why a bed law still has its authority is simply because the pbysical force is exercised and shown to be threatening and consequently there arises a psychological tendenoy of obedience; however, the intensity of the authority becomes weaker. The authority of law is based upon the functional, the political, the traditional, theacademical and the psychological foundations. It is the psychological foundation that is the ultimate resort of the authority of law. That is, law, being able to safeguard a good life for people, does win a genuine authority from the bottom of their hearts.

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