SAN MIGUEL PÉREZ, Enrique (2020). La soberanía del derecho sobre la fuerza. Abogacía, justicia y literatura. Madrid. Editorial Dykinson, 204 páginas

Abstract

The sovereignty of the right over force is an evocative title that starts from the duality of the concept of law, which can be understood as a set of norms that, for its imposition, requires the use of force. The law could be considered a class of codified force, while, on the one hand, there is no force that does not have some kind of form, the right must be a concrete formalization oriented to fulfill collective ends and based on certain moral principles. Jurisprudence is then conceived as a valuable instrument of legitimation and perpetuation of political power, the only one that holds the use of legitimate force. A wide intellectual tradition supports this interconnection, in the words of Rousseau (2017): "The strongest is never strong enough to always be the lord, if he does not transform his strength into right and obedience into duty" (p. 3). The work of Enrique San Miguel Pérez starts from this dual character of the concept of law to focus his study on the practice of law through the use of literary sources as an instrument of analysis of those moral principles to which the right to what has tended. throughout history.