La respuesta jurídica
Law is considered from the point of view of its capacity to give an answer to problems. It is raised here what does answer mean, in the most exigent sense of this term. The question-answer schema differs from others, such as cause-effect or stimulus-reaction. Legal answer does not work with signa...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7498773 |
| Source: | Anuario de filosofía del derecho, ISSN 0518-0872, Nº 36, 2020, pags. 347-371 |
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| Summary: |
Law is considered from the point of view of its capacity to give an answer
to problems. It is raised here what does answer mean, in the most exigent
sense of this term. The question-answer schema differs from others, such as
cause-effect or stimulus-reaction. Legal answer does not work with signals
but with signs and symbols. It manages expectations, takes decisions and is
institutionalized. An automatic answer is insufficient: the machine produces
a reaction but does not give an answer. It can find the correct result, but not
the adequate answer. Legal answer requires specifically human faculties,
connected with good sense and prudence. It is necessary to activate the generative
capacity of law. To get it, man needs creativity. To give an answer
means, to some extent, an inventive task. |
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