Foundational Concepts in Logic and Jurisprudence

Traditional Logic

Traditional logic is a part of philosophy characterized by its instrumental nature, serving as the organon for discovering truth with certainty and correct procedures. It was defined by Plato and built upon by Aristotle.

Modern Logic

With Hegel, modern logic detaches from its instrumental task, elevating itself to an ontological level. Its specific configuration is found in the determination that logical and ontological operations are on par, within the closed unit of a dialectic.

Semiotics

Semiotics is the study of signs in social life, serving as the general theory of signs.

Transition from Law Concept to Legal Standard

In the nineteenth century, sociology began to usher in a change of subject, where the theory of law would be replaced by the rule of law.

Lex Vera: Cicero's True Law

The Lex Vera is the true law, regarded as right reason in accordance with nature. It is present in all, invariable, eternal, capable of guiding us with its orders to duty, and deterring wrongdoing with its prohibitions. This law cannot be diminished in value or repealed, nor can it be abrogated; we cannot be freed from this law by the hands of the Senate or the people.

The Concept of Source

The concept of source is equivalent to the principal source or origin of a thing. In philosophy, it can be understood in its causal and teleological aspects: a source is the point of origin and a source of self-justification.

Legal Interpretation Criteria

In our legal system, we distinguish between the interpretation of right and the interpretation of the law or norm.

• The interpretation of right is an operation involving the integration of law, encompassing methods such as:
  • Analogy
  • Antinomies
  • Legal fictions
  • General principles of law
  • Free legal research
• The interpretation of the norm is an operation aimed at clarifying the meaning of a rule, given its abstract and general character.

The Free Law School

Its name suggests the idea of a role parallel to that of positive law. Legal positivism presupposes a general system where everything is explicitly and implicitly referred to in legal activity.

The method of this school is sociological, in the sense that the doctrine of free law receives its input from the legal consciousness shaped by social dynamics. This social force, along with certain principles of natural law, which the Free Law School acknowledges at the time of rule application, compels the judge to consider the living law that arises from the actions and sentiments of the social body's members.

The Concept of Analogy

Analogy serves as a technical tool to fill gaps in the law by extending the expansive force of a rule to a case that has an affinity or is similar to those cases the rule already regulates.