This text explores the relationship between rights and duties, taking Chateaubriand's assertion that duty creates right as its starting point. The author distinguishes between positive law and primary obligations that precede legal structures. The essay highlights that while legal norms represent a form of power, they can often deviate from justice, as reflected in the maxim summum ius, summa iniuria. True legal validity is rooted in an unenforceable foundation—loyalty to principles that precede and enable the law. Consequently, the concept of law consists of two components: a final, non-disposable norm that stands as the ultimate ethical benchmark, and a secondary service component represented by statutory laws intended to support and clarify the primary norm. The text argues that law must remain anchored in this internal commitment to prevent it from devolving into mere injustice or brute force.
Právo a povinnost / Právo a zákony
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◆ philosophical diary – record, Czech, origin: 27. 1. 2002
- This is a part of the original document:
- 2002