Philosophy of Law: Core Principles and Legal Theory

Philosophy and ethics2.2 KB

The Philosophy of Law

The Philosophy of Law is the application of philosophical thinking to determine the nature of law by describing its specific features and processing its inherent problems.

Perdomo (1991): Fundamental Principles

Perdomo (1991) defines it as the theoretical science of the fundamental principles, first causes, and ultimate effects of law. These principles relate to:

  • Ontology: The concept of law.
  • Epistemology: Interpretation, knowledge, and application of law by iusfilosoficas schools.
  • Ethics: Legal action.

Key issues arising from this include Justice, Equity, Common Good, and Legal Security.

Ross (1977): Law as Method

Ross (1977) argues that the philosophy of law is not a deduction from principles of reason, nor an extension of science. Instead, it is a method of logical analysis. Philosophy acts as the logic of science; therefore, it is a Legal Epistemology where the object of study is not the law itself, but the science of law.

Modern Perspectives

Today, the philosophy of law is considered a fundamental legal discipline focused on the critical reflection of legal science, legal knowledge, and the legal act.

Strategies of the Philosophy of Law

According to Delgado (1987), current legal philosophy should develop the following strategies:

  • Management of normative argumentation.
  • Education for rational discussion of values and norms.
  • Formulation of constructive proposals for public problems.
  • Promoting interdisciplinary coordination for cooperative reflection on social and scientific issues.

Aims of the Philosophy of Law

Delgado (1987) identifies the following objectives for the field:

  • Promote a theory on basic issues concerning legal science and technique.
  • Determine the connections between social relations and law.
  • Understand the axiological foundation of positive law and its historical evolution as the basis for describing legal experience.

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