The great importance of the philosophy of law lies in seeing the foundations of law but having a balance in relation to ethics and the values that are immersed in it. In this sense, we will address what is related to the philosophy of law.
The relevance of the philosophy of law
The right exercised with guiding values such as justice leads us to a much more harmonious and balanced world. If we add the sense of ethics, the values of the people who play a role in the judicial systems of the world, we would have the ideal of a perfect world. However, this is far from reality.
The philosophy of law is responsible for seeing the different currents of law and is seen in a much deeper and more detailed way. Understanding the arguments and why it applies in various contexts.
Another concept that we can mention from the philosophy of law: it is a branch of philosophy that has as its essence of study the being of law in relation to the vigor of the individual in a certain time and place. In addition, it seeks to contemplate the total perspective of the legal prodigy in inquiry into the moral, logical context of Law as such.
Philosophical study of the legal norm
The depth of the philosophy of law seeks to study the various currents of thought that support the law itself. In this way it is understood as the regulated and institutional disposition of society.
Among the areas of study we can find the following areas:
- The exhaustive review of the law, as a phenomenon and as dogmatism, and of the legal norm in general. In addition, he studies it as a critical theory and as an ideology of legal practice.
- Likewise, the Philosophy of Law discusses “the ends pursued by law”. In the same way it studies the general functions that it certainly fulfills and the integral principles that infuse it.
- Deals with ideological issues from the legal point of view in relation to the practice of the rules. In addition, it addresses important aspects of law such as gnoseology, logic and legal argument.
- The origin of the philosophy of law, theories of justice, the standards of juridical-political philosophical movement. These seek to make a deep review and internalize what refers to different legal components. Among them are the state, the law, government, equity, belonging, rights, and the diligence of a constitutional code for sovereignty.
- The rights and autonomies that it must protect and why, as well as the form that it must protect and why. Also, the duties that the inhabitants have to a legitimate government.
- For several authors, the Philosophy of Law returns to the knowledge of the broad meaning of justice.
- Finally, the philosophical foundation of human rights. As well as the correspondence of law with different areas of knowledge such as: sociology, anthropology, psychology, morality.
The Theory of Law
The most relevant aspect of the philosophy of law has been formed by the study of the legal norm from a purely positive perspective. This arises, with this just qualifier, ending the eighteenth century and beginning the nineteenth century.
Until that time, the abstraction of philosophical representation related to the legal phenomenon had been framed based on the tradition of the political philosophy of natural, pedagogical, or idealistic law.
From the perspectives of positive laws, natural law was shown to be a legitimate order. Thus, natural law formed the ultimate rule of every human collectivity. Iuspositivist regulations reflect on legal classifications as human creations that unfold and evolve over time.
During the second half of the eighteenth century the concept of the term natural law is losing its predominance. From there, many works begin in which the hypothetical abstraction about legal institutions is covered with other terms.
We can see the evolution that various authors have given to the law:
- For the year 1797 Kant uses the word theory of law.
- The following year another author such as Gustav Hugo uses the philosophy of positive law.
- In 1803 Jakob Fiedrich Fries used philosophical theory of law, and the term philosophy of law was used from the time of 1800 onwards by various authors.
- Finally, in 1821 Hegel published in Berlin his “Principles of the Philosophy of Law”, which achieve a definitive resonance.
Important aspects of the theory of law
Legal ontology: This aims to explain the being of law, as well as what will be the essence of which will be reflected. Philosophy will achieve a notion of law that will serve as the basis for a later philosophical abstraction.
Legal axiology: Addresses the problem of legal values. This seeks to explain what are the values that will make considered a model of law. An example of this is that there is no death penalty in Europe. The prominent value in this case is that the state does not kill. This is considered of paramount importance for these countries.
Existential legal philosophy: This is framed in the field of anthropology. It enhances the correspondence between the individual and the legal reality. We cannot exclude man in the realization of law because humanity is the one who founds and employs the law.
The philosophy of law allows the evolution of laws in conjunction with man and society.
We can see how the philosophy of law focuses on justice. Likewise in legal certainty, in the application of values to the law among others.
In this regard, transparency in the application of laws is of the utmost importance. Since these are elaborated by men, applied by them and benefited by them. The latter usually differs since if the person is the perpetrator. Consequently, he is punished therefore he is harmed not by law. But because of the negative consequences of their actions.
In this way the philosophical framework of the law is adapted to society and with it the laws are adapted to society and man. In this way the legal establishment will become more “human” to the extent that society becomes more human. For Gustavo Mirabal it is a possibility of evolution for society as a whole avoiding the stagnation of the prevailing legality.