Fundamental Concepts of Legal Theory and Jurisprudence
Legal Fiction
Legal fiction addresses the legal nature of fictions within the realm of law. These fictions exist between art and logic, serving as instruments that facilitate the development and evolution of legal systems.
Interest-Based Decisions
Contributing to the reform of legal science, Philipp Heck posits that law is a product of societal interests struggling for recognition. Laws result from the competition between national, religious, and ethical interests within the legal community.
Legal Predetermination of Competence
As stated in Article 44 of Chapter II, civil courts possess jurisdiction only when the knowledge of a lawsuit is assigned by legal rules established prior to the initiation of the proceedings.
Equity in Interpretation
Equity functions as the necessary rectification of legal justice.
Legal Axiology
According to Pinagua Rodriguez, legal axiology involves the study or treatment of legal values, utilizing the term 'value' in the strict sense defined by the philosophy of values.
The Nature of Things
This concept refers to the essence and objective sense of reality. As apparent from the structure of life's relations, it represents the historical climate that accompanies the birth of all legal thought.
Natural Law within Positive Law
Natural law serves as a permanent and constant critical ratio regarding justice and positive law.
Principles According to Ronald Dworkin
Ronald Dworkin defines a principle as a standard that must be observed because it is a requirement of justice, equity, or another dimension of morality.
Justice According to Ulpian
For Ulpian, justice is the perpetual and constant will to render to each person their due right.
Aristotle’s Definition of Commutative Justice
Commutative justice is the form of justice that enforces the strict measure of equivalence.
Justice According to Cicero
Cicero defines justice as a willingness of the spirit that, while respecting the common good, assigns to each person their proper value.
Legal Justice According to Thomas Aquinas
Legal justice is the alignment of human actions with the law, mandating that all virtues be directed toward the common good.