Justice underwent a fundamental transformation in the transition from the pre-modern to the modern world. In pre-modernity, justice had a nomopoietic function, in which the facts were taken into account to adapt the law, it fulfilled a function of balance between the bodies of society. Faced with it in the 19th century, the objective was to achieve a justice of laws, in which statutory law had become the center of the system of sources and jurisprudence constitutional and international jurisdictions, it underwent a new change, in which this kind of case law acquired a creative function thanks to its relationship with ordinary case law, attributing a degree of freedom to the law that did not allow the rigidity of codified law
Justicia de leyes: juez y derecho jurisprudencial entre adaptación y nuevo protagonismo
Massimo Meccarelli
2023-01-01
Abstract
Justice underwent a fundamental transformation in the transition from the pre-modern to the modern world. In pre-modernity, justice had a nomopoietic function, in which the facts were taken into account to adapt the law, it fulfilled a function of balance between the bodies of society. Faced with it in the 19th century, the objective was to achieve a justice of laws, in which statutory law had become the center of the system of sources and jurisprudence constitutional and international jurisdictions, it underwent a new change, in which this kind of case law acquired a creative function thanks to its relationship with ordinary case law, attributing a degree of freedom to the law that did not allow the rigidity of codified lawFile | Dimensione | Formato | |
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