Law, Narrative And Reality

But what do we refer to when we speak about ideals in the context of law? The Concept of Ideals in Legal Theory Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values..Talk about law often includes reference to ideals of justice, equality or freedom.

The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. What makes them good or bad is their application.

According to some, the best way to know which is the more impartial solution is to resort to a process of collective reflection: in those situations we have to consider the opinions of all those who are possibly affected.! Thus, the quest for impartiality tends to be a common objective for most of us, although we normally disagree on its particular contents. It is not unusual that formal and informal discussions about the political system, its virtues, and its many defects, conclude in a discussion about impartiality. Basically, trying to answer this question we tend to fluctuate between two opposite positions.

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Law and Reflexive Politics Apparently not.