Jurisprudence of values or jurisprudence of principles is a school of legal philosophy. This school represents, according to some authors, a step in overcoming the contradictions of

legal positivism In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This con ...

It is a school that has, since the end of the 19th century, characterized the law as a dogmatic institution, or man's imposition over man, in opposition to the former school,

legal naturalism Legal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of natural law. Taiwo considered it the manifestation of Natural Law in a dialectical materialist cont ...

, that treated law as a result of

metaphysical Metaphysics is the branch of philosophy that examines the basic structure of reality. It is traditionally seen as the study of mind-independent features of the world, but some theorists view it as an inquiry into the conceptual framework of h ...

- rationalist and

scientific Science is a systematic discipline that builds and organises knowledge in the form of testable hypotheses and predictions about the universe. Modern science is typically divided into twoor threemajor branches: the natural sciences, which stu ...

sources Source may refer to: Research * Historical document * Historical source * Source (intelligence) or sub source, typically a confidential provider of non open-source intelligence * Source (journalism), a person, publication, publishing institute ...

(''natural'' consequence of the other sciences' conclusions and even work of

God In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...

). The image of legal positivism nonetheless has deteriorated because of being used to favor class

oppression Oppression is malicious or unjust treatment of, or exercise of power over, a group of individuals, often in the form of governmental authority. Oppression may be overt or covert, depending on how it is practiced. No universally accepted model ...

. and, for this reason, it has been considered by some authors as a ''post-positivism'' school. Jurisprudence of values is referred to in various works all over the world. This ''modus'' of thinking of focuses on constitutional principles.The

principle A principle may relate to a fundamental truth or proposition that serves as the foundation for a system of beliefs or behavior or a chain of reasoning. They provide a guide for behavior or evaluation. A principle can make values explicit, so t ...

, as opposed to the ''legal rule'', is more subjective, and the traditional interpretation gave it minor importance. Jurisprudence of values focuses on achieving the ideals underlying these legal principles. The jurisprudence of values centers on the concepts of incidence and interpretation of the ''legal norm'', as well as rules and

s, and concepts like

equality Equality generally refers to the fact of being equal, of having the same value. In specific contexts, equality may refer to: Society * Egalitarianism, a trend of thought that favors equality for all people ** Political egalitarianism, in which ...

freedom Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws". In one definition, something is "free" i ...

, and

justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

Juridical norms

According to

Pontes de Miranda Francisco Cavalcanti Pontes de Miranda (April 23, 1892 – December 22, 1979) was a prominent Brazilian jurist, judge, diplomat and professor of Law at the Federal University of Pernambuco. He occupied the 7th chair of the Brazilian Academy o ...

,Pontes de Miranda, 1973:3 "The juridical rule is the norm with which the man, willing to subordinate the events to an order and foreseeability, tries to distribute the life's goods". Mankind seeks to somehow control the facts; the juridical norm is used as a tool to decide what is right and wrong. The norm, according to this school, is seen as a creation of man, thus man is controlling man. Pontes de Miranda explains the concept of ''fact support''. Fact support is the fact that is previewed by the norm; it is the abstract fact; it is the fact that, if it is verified true in the ''world of facts'' the norm will ''fall upon'' it. In other words, there is a world of concrete facts and there is another world of ideas or ''types''. Thus, the legislator tries to use words to group possible concrete facts into sets, related to the world of ideas. This paradigm makes possible to attribute judicial effects to life's facts.

Notes

References

External links

The Reasonability Control in Comparative Law

The Modern Legal Philosophical Thinking: From the Exegesis to the Jurisprudence of Values

{{Expand Portuguese, Jurisprudência dos valores, date=July 2014 Philosophy of law Value (ethics)

Juridical norms

See also

Notes

References

Further reading

External links