Meditations of “Juristica Dikelogica” on the Objectivity of the Value Justice
27 Pages Posted: 10 Sep 2020 Last revised: 14 Sep 2020
Date Written: July 22, 2020
Abstract
In these paper we will try to make an argumentative contribution to the objectivity of the value of sustained justice as the fundamental basis of the dikelogical dimension of the Trialist theory of the Legal World in the original formulation of Werner Goldschmidt.
We will briefly explain the concept of value from which the founder of Trialism departs, his position in relation to the objectivity of justice and the subsequent developments of Miguel Ángel Ciuro Caldani, with respect to the dikelogical methodology and his enlightening contribution to the argumentative possibility that we will develop in support of the objective character of the absolute and distinctive value of Law.
For this we will take from the so-called "hard" sciences, the concept of quantum time in Physics and from structuralist theories, the basic perspectives of understanding life orientations (synchrony and diachrony), closing these meditations with a "dynamic" proposal of diachronic justice classes.
The strong futuristic sense of Law, whose norms must contain not only "promises" that something "will be", but "prescriptions" of something that must be, especially for the realization of the justice of arrival, for a better world that "must be" installs man in the need of transcendence to that temporal future.
The strategic legal responses, anticipating those changes of the "to come", whose indicators can be glimpsed in the present, can allow the Law to be at the forefront of them and not to occupy a place in the rear, behind the advances, ex multis, of robotics, nanotechnology, artificial intelligence, genetics and the globalized market.
Keywords: trialism, value justice, synchrony and diachrony, quantum time, tetrahedron
JEL Classification: K1, K10, K30, K39
Suggested Citation: Suggested Citation