The Determination of What is Fair A Study about the Good Judgement

• Autores: Adolfo Jorge Sánchez Hidalgo
• Localización: Archiv für Rechts-und Sozialphilosophie, ARSP, ISSN 0001-2343, Vol. 104, Nº 4, 2018, págs. 534-555
• Idioma: inglés
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• Resumen

  • This article presents a synthetic and structured view of the determination of law, aligned with the line of thought named methodical realism, which I subscribe. It also offers a critical view of other ius-philosophical lines of thought, which oppose to this rational method of finding what is fair. Nevertheless, the body of the article includes: a) an organized view on the necessity of affronting the judicial decision according to the postulates of the practical reason; b) a study of the different instruments offered to the interpreter for the determination of law; c) an ontological view of Law or the nature of things as the base for legal reasoning; and d) the methodology of the determination of Law, understood as a complex process of factual development and legal reasoning intended to determine what is fair in any particular case.