The Law: Security, Interpretation, and Social Control

Classified in Law & Jurisprudence

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It's important to distinguish between the legal method's inability to guarantee the construction of reality and the ability to rely on it regardless of methodological control. The legal system doesn't perfectly mirror legal reality, but it requires it as a means to capture it instrumentally, even if provisionally. This relates to the connection between law and right. Denying their complete identification, as legalism assumes, is different from dismissing the law's role. The law is already tasked with assessing the latent features of the right.

The debate within the political body initiates a process of interpretation, weighing the demands of freedom and equality present in parliamentary group programs. The result establishes a broad framework for pre-adjusting typical behaviors. This generic, abstract, and early demarcation can't fully deliver justice on its own, but it provides essential security.

Its function as a criterion for predicting others' behavior is sufficient to maintain the law's central role in legal practice. However, it's inappropriate to exaggerate its effective social formability (as legalism does). In reality, the law doesn't operate in isolation but alongside other social control elements (cultural and communication media, advertising, etc.) that can replace or limit its influence on citizens' awareness and expectations.

The law's role as a supervisory body of judicial activity arises when individual legal judgments conflict, bringing the judge into play. The law then reassumes its role, not because the court simply applies it, but because the legal text serves as a supervisory body to prevent discriminatory whims in judgments. The judge shouldn't apply the norm technologically and antiseptically, as those who disregard court's radical right argue, but must justify their decision, which impacts citizens. This guarantees that court decisions can't easily impose legally unfounded rulings.

As historical beings, humans need not only to obtain justice in specific cases but also to strengthen expectations about the future consequences of their actions. The legal system, while not self-sufficient in this regard, remains irreplaceable.

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