Jurisprudence of values

Jurisprudence of values or jurisprudence of principles is a school of legal philosophy. This school represents, according to some authors, a step in overcoming the contradictions of legal positivism^{[note 1]} and, for this reason, it has been considered by some authors as a post-positivism school.^[1] Jurisprudence of values is referred to in various works all over the world.^[2][3]

This modus of thinking of focuses on constitutional principles.^{[note 2]}

The jurisprudence of values centers on the concepts of incidence and interpretation of the legal norm, as well as rules and principles, and concepts like equality, freedom, and justice.^[4]

According to Pontes de Miranda,^[5] "The juridical rule is the norm with which the man, willing to subordinate the events to an order and foreseeability, tries to distribute the life's goods". Mankind seeks to somehow control the facts; the juridical norm is used as a tool to decide what is right and wrong. The norm, according to this school, is seen as a creation of man, thus man is controlling man.

Pontes de Miranda explains the concept of fact support. Fact support is the fact that is previewed by the norm; it is the abstract fact; it is the fact that, if it is verified true in the world of facts the norm will fall upon it. In other words, there is a world of concrete facts and there is another world of ideas or types. Thus, the legislator tries to use words to group possible concrete facts into sets, related to the world of ideas. This paradigm makes possible to attribute judicial effects to life's facts.

• Hermeneutics
• Jurisprudence of concepts
• Jurisprudence of interests
• Philosophy of law
• Legal naturalism
• Legal positivism

• Alexy, Robert (2002). A Theory of Constitutional Rights. Translated by Rivers, Julian. Oxford University Press. ISBN 978-0-19-825821-6.
• Ávila, Humberto (2007). Theory of Legal Principles. Law and Philosophy Library. Vol. 81. Translated by Todeschini, Jorge. Dordrecht: Springer. ISBN 978-1-4020-5878-3.
• Barroso, Luís Roberto. Interpretação e aplicação da Constituição, 3 ed. São Paulo: Saraiva, 1999.
• Barroso, Luís Roberto. O Direito Constitucional e a Efetividade de Suas Normas: Limites e Possibilidades da Constituição Brasileira, 6 ed. Rio de Janeiro: Renovar, 2002.
• Kelsen, Hans (1945). General Theory of Law and State. Cambridge: Harvard University Press.
• Kelsen, Hans (1957). What is Justice?: Justice, Law, and Politics in the Mirror of Science: Collected Essays. Berkeley: University of California Press.
• Kelsen, Hans (1967). Pure Theory of Law. Translated by Knight, Max (2 ed.). Berkeley: University of California Press.
• Larenz, Karl [in German] (1991). Methodenlehre der Rechtswissenschaft. Enzyklopädie der Rechts- und Staatswissenschaft, Abteilung Rechtswissenschaft (in German) (6 ed.). Berlin: Springer-Verlag. ISBN 978-3-540-52872-2.
• Pontes de Miranda, Francisco Cavalcanti. Tratado de Direito Privado, V. I. Rio de Janeiro: Ed. Borsoi, 1954.

• The Reasonability Control in Comparative Law
• The Modern Legal Philosophical Thinking: From the Exegesis to the Jurisprudence of Values
• Diritto.it
• Constitutional Interpretation: System and Problem
• Crisis in the Model of Justice: Proceeding Paradigm of the Normative Construction and the New Role of Lawyer Workers

You can help expand this article with text translated from the corresponding article in Portuguese. (July 2014) Click [show] for important translation instructions. View a machine-translated version of the Portuguese article. Machine translation, like DeepL or Google Translate, is a useful starting point for translations, but translators must revise errors as necessary and confirm that the translation is accurate, rather than simply copy-pasting machine-translated text into the English Wikipedia. Consider adding a topic to this template: there are already 504 articles in the main category, and specifying|topic= will aid in categorization. Do not translate text that appears unreliable or low-quality. If possible, verify the text with references provided in the foreign-language article. You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation. A model attribution edit summary is Content in this edit is translated from the existing Portuguese Wikipedia article at [[:pt:Jurisprudência dos valores]]; see its history for attribution. You may also add the template {{Translated|pt|Jurisprudência dos valores}} to the talk page. For more guidance, see Wikipedia:Translation.