The Determination of What is Fair
A Study about the Good Judgement
This article presents a synthetic and structured view of the determination of law, aligned with the line of thought named methodical realism, which I subscribe. It also offers a critical view of other ius-philosophical lines of thought, which oppose...
mehr
|
This article presents a synthetic and structured view of the determination of law, aligned with the line of thought named methodical realism, which I subscribe. It also offers a critical view of other ius-philosophical lines of thought, which oppose to this rational method of finding what is fair. Nevertheless, the body of the article includes: a) an organized view on the necessity of affronting the judicial decision according to the postulates of the practical reason; b) a study of the different instruments offered to the interpreter for the determination of law; c) an ontological view of Law or the nature of things as the base for legal reasoning; and d) the methodology of the determination of Law, understood as a complex process of factual development and legal reasoning intended to determine what is fair in any particular case.
|
The Determination of What is Fair
A Study about the Good Judgement
