What is Jusphilosophy in Philosophy
Jusphilosophy is a branch of philosophy dedicated to the study of justice and law. It seeks to understand the foundations and principles that govern legal norms and legal institutions, as well as analyze the different theories and currents of thought that influence the field of law. In this glossary, we will explore in detail the concept of Jusphilosophy and its importance in the philosophical context.
Origin and Evolution of Jusphilosophy
Jusphilosophy has its roots in Ancient Greece, with philosophers such as Socrates, Plato and Aristotle, who already discussed issues related to justice and law. However, it was only in the XNUMXth century that Jusphilosophy began to develop as an autonomous field of study, with the influence of legal positivism and the philosophical thought of authors such as Hans Kelsen and Herbert Hart.
Main Theories and Currents of Jusphilosophy
There are several theories and currents of thought within Jusphilosophy, each with its own specific approach and focus. Some of the main ones are:
1. Legal Positivism
Legal positivism is a current of thought that defends the separation between law and morals, stating that law is a set of norms created by the State and that they must be followed regardless of their justice or injustice. For legal positivists, the validity of law is related only to its source of origin, such as the Constitution or laws.
2. Legal Naturalism
Legal naturalism, in turn, argues that law has intrinsic moral and ethical foundations, which go beyond the norms created by the State. According to this current, there are universal principles of justice that must be followed, regardless of the positive laws in force at a given time.
3. Legal Realism
Legal realism is a current that emphasizes the importance of the social, political and economic context in the application of law. For legal realists, judicial decisions are influenced by non-legal factors, such as political and economic interests, and not just the objective application of laws.
4. Legal Hermeneutics
Legal hermeneutics is an approach that focuses on the interpretation of legal norms. It seeks to understand the meaning and intention of laws, taking into account the historical, social and cultural context in which they were created. Legal hermeneutics emphasizes the importance of interpretation for the correct application of law.
Importance of Jusphilosophy in Philosophy
Jusphilosophy plays a fundamental role in the field of philosophy, as it allows critical reflection on the foundations and principles of law. It questions the foundations of the legal system, analyzes different theories and currents of thought and seeks to understand the ethical and moral implications of legal norms.
Through Jusphilosophy, it is possible to reflect on issues such as the relationship between law and justice, the validity of legal norms, the interpretation of laws and the influence of the social context on the application of law. Furthermore, Jusphilosophy contributes to the development of fairer and more efficient legal theories, which can guide the practice of law more appropriately.
Conclusion
In short, Jusphilosophy is an essential field of study to understand the bases and foundations of law. Through the critical analysis of theories and currents of thought, Jusphilosophy allows us to reflect on justice, morality and the application of law in society. It is a field of study that seeks to improve the legal system and contribute to a fairer and more efficient practice of law.
