Humanisms and Law

Abstract

The study of humanism and law consists in exploring the measures adapted by societies in using law to enhance human welfare through the deliberate creation of social security programmes. The problem is to justify coercive institutions in order to answer the question whether or not giving help to the poor serves to restrict their liberty. Findings are that coercive institutions may be justified when they promote liberty; welfarism justifies a guaranteed social minimum and equal opportunity; some form of welfare state is justified; and civil disobedience is justified if it is the only way at bringing the law into better correspondence with basic moral requirements. Legal humanists are engaged in finding effective measures to ameliorate poverty. The methods adopted for our enquiry are critical and analytical.