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 Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin de ...

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, that treated law as a result of

metaphysical Metaphysics is the branch of philosophy that studies the fundamental nature of reality, the first principles of being, identity and change, space and time, causality, necessity, and possibility. It includes questions about the nature of conscio ...

- rationalist and

scientific Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earliest archeological evidence for ...

sources Source may refer to: Research * Historical document * Historical source * Source (intelligence) or sub source, typically a confidential provider of non open-source intelligence * Source (journalism), a person,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

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

God In monotheism, monotheistic thought, God is usually viewed as the supreme being, creator deity, creator, and principal object of Faith#Religious views, faith.Richard Swinburne, Swinburne, R.G. "God" in Ted Honderich, Honderich, Ted. (ed)''The Ox ...

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

oppression Oppression is malicious or unjust treatment or exercise of power, often under the guise of governmental authority or cultural opprobrium. Oppression may be overt or covert, depending on how it is practiced. Oppression refers to discrimination w ...

. 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 is a proposition or value that is a guide for behavior or evaluation. In law, it is a Legal rule, rule that has to be or usually is to be followed. It can be desirably followed, or it can be an inevitable consequence of something, suc ...

, 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 may refer to: Society * Political equality, in which all members of a society are of equal standing ** Consociationalism, in which an ethnically, religiously, or linguistically divided state functions by cooperation of each group's elite ...

freedom Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving on ...

, and

justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

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 of ...

,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