The Structuring Principles of Society in the Right: Fundamentals for Applying a Legal Theory That Forms the Right

This work proposes a legal theoretical line of a psycho-anthropological nature, which allows us to support the hypothesis that the principles of security and equality originate in the instinct of self-preservation and structure the right. A legal theory<sup> </sup>is necessary to form the right that articulates these principles and operates them only within the formal ideal order. The purpose of the right is to finish forming social relationships within an ideal order, and in symbolic terms, and integrate them into the "Social Pact,” thus maintaining security in relationships. To form these ideal, symbolic social relationships and provide them with security, it is necessary to form the right by applying the principle of equality. This principle of equality is the formative element of social relations and, therefore, of law. This ideal equality can only be applied through a formal logical ideal legal theory, adapting to the ideal order of the concepts of Hans Kelsen's pure theory of law (right).

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Publication Details

Journal
Social Sciences
Published
2025-04-29
DOI
https://doi.org/10.11648/j.ss.20251402.21
Citations
1
Primary Topic
Legal and Constitutional Studies
Type
article
Field-Weighted Citation Impact
3.13
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article

The Structuring Principles of Society in the Right: Fundamentals for Applying a Legal Theory That Forms the Right

Antônio Augusto Bonatto Barcellos, María Fernández
1 citations
Social Sciences
Legal and Constitutional Studies
3.13
article

The Structuring Principles of Society in the Right: Fundamentals for Applying a Legal Theory That Forms the Right

Antônio Augusto Bonatto Barcellos, María Fernández
article en
1 citations

Abstract

This work proposes a legal theoretical line of a psycho-anthropological nature, which allows us to support the hypothesis that the principles of security and equality originate in the instinct of self-preservation and structure the right. A legal theory<sup> </sup>is necessary to form the right that articulates these principles and operates them only within the formal ideal order. The purpose of the right is to finish forming social relationships within an ideal order, and in symbolic terms, and integrate them into the "Social Pact,” thus maintaining security in relationships. To form these ideal, symbolic social relationships and provide them with security, it is necessary to form the right by applying the principle of equality. This principle of equality is the formative element of social relations and, therefore, of law. This ideal equality can only be applied through a formal logical ideal legal theory, adapting to the ideal order of the concepts of Hans Kelsen's pure theory of law (right).

Social SciencesVol. 14(2)
Universidad de Salamanca (ES)
Openalex Percentile: Top 9%
Legal and Constitutional Studies
3.13
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The Structuring Principles of Society in the Right: Fundamentals for Applying a Legal Theory That Forms the Right — Antônio Augusto Bonatto Barcellos, María Fernández · Social Sciences (2025) | TGRS Research Map | TGRS