O direito como juízo

Authors

  • Denise Maria Weiss de Paula Machado Universidade Estadual de Londrina

DOI:

https://doi.org/10.5433/1679-0383.1988v9n1p35

Keywords:

Law, Justice, Pure theory of law, Empirical reality, Liberty and development of society.

Abstract

This study presents a synthetic and personal view of the consequences arising from the notion of law as justice. For Kelsen, in this "Theory of pure law", human conduct produce facts, justly or injust1y, that become characterized as legal norms. Human behavior is determined by acts of reason, that are defined by a representative (a judge), and then are used as valid norms of justice. The conception of law is, therefore, represented by an ideal object, rational and only apprehensible through abstract processes, following the views of Kelsenians. Without any intent to criticize the "great master of Vienna", a search of the text demonstrates that a neutral ideology, concerning the comprehension and application of law, does not and can not exists law can not depart from empirical reality when following its purpose of promoting the liberty and development of society.

Published

2012-01-29

How to Cite

MACHADO, Denise Maria Weiss de Paula. O direito como juízo. Semina: Ciências Sociais e Humanas, [S. l.], v. 9, n. 1, p. 35–38, 2012. DOI: 10.5433/1679-0383.1988v9n1p35. Disponível em: https://ojs.uel.br/revistas/uel/index.php/seminasoc/article/view/8916. Acesso em: 17 jul. 2024.

Issue

Section

Artigos Seção Livre