Which of the following is an example of a positive social sanction?

Which of the following is an example of a positive social sanction?

Sanctions of legal norms

The legal order is composed both of norms of natural justice and of norms of positive or civil law; and even of norms that are partly natural and partly conventional, for example: in the norm that attributes a sanction to homicide, one can clearly distinguish a natural background, which is the recognition of the evil of the act of killing unjustly, and a conventional element, by which the particular legislator establishes a series of specifications to the natural precept that prohibits homicide, turning it into a “he who kills another will be punished with such penalties in such circumstances “1.

The reader should know that by “civil law” we mean all “non-natural law”, that is, all the set of norms whose origin is directly found in human convention. Hence we use the expressions “conventional law”, “civil law” and “positive law” interchangeably.

It is not only the different nature of the rules of civil law and the rules of natural law, but above all the way in which the rules of positive law are created from a series of evident principles of universal justice, that is, what in the theory of law is known as the “determination” or “specification” of natural law.

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In psychology, the term social sanction is used to describe social reactions to certain behaviors that are generally characterized as negative. Most behaviors considered negative by a society receive a social sanction, but not necessarily a legal sanction. It is also considered a method of social control.

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On the basis of human relationships it can be defined as something that is generated inside and outside a family, institutional environment. They are those that human beings establish in coexistence with their fellow human beings. Hence, at the very moment in which contact is established with another human being, human relations are initiated…

1

General. Edited by H. L. A. Hart. The Athlone Press. 1970.     Bulygin, Eugenio. CIL Cognition and Interpretation of Law. 1995.     Comanducci, Paolo. KCAT “Kelsen e la Clausola Alternativa Tacita” in Assaggi

Philosophy 19. 2000.     37.- Schmill, Ulises CCI Behavioral Conditions of Implications. Dianoia. Yearbook of Philosophy. XXXIII. 1987. UNAM and FCE. Mexico.     38.- Tamayo, Rolando. TMRM Thales de Mileto vs Resto del Mundo. Isonomía. April. 2001, No. 14. 39.- von Wright, Henrik.

What he has to refrain from doing. [3] Cf. Bentham (LG: 1 ff) [4] Cf. Austin (LJ: 86 ff) [5] Cf. Kelsen (TPDJA: 215 ff and TGDE:36) [6] Cf. Hart (CD: 23 ff) [7] Cf. Alchourrón and Bulygin (CEN:122 et seq-) [8] Cf. Weber (ES:5 et seq) and (CS:98 et seq) [9] Cf. Kelsen (TGE:299 et seq); (TPD1:94 – 120); (TGDE:129

Types of social sanctions

Hans Kelsen and W. N. Hohfeld, from different traditions, have offered two essential contributions to the clarification of basic legal concepts. After a brief review of their proposals, some deficient aspects of their reconstructions will be analyzed in the light of categories developed by Eugenio Bulygin in various works, in particular his criticisms of normative reductionism, the impossibility of identifying rules that confer powers with prescriptions and the distinction between norms and normative propositions. On these bases, and taking the concept of legal duty as a starting point, we will finally offer a sketch of an alternative reconstruction of the theory of basic legal concepts.

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2In this paper we propose to resort to some of Professor Bulygin’s contributions to explore a subject that was not the object of a comprehensive and systematic analysis in his work, but for which he left important ideas for exploration: the theory of basic legal concepts.1

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