Philosophy of law[6] is a philosophical discipline that investigates legal concepts and systems, seeking to understand the essence, the justice[4] and the morality of law. Examining the relationship between legal norms and societal values, it explores fundamental questions about the legitimacy and purpose of law. Key approaches include legal positivism[1]which separates law from morality, and the theory of natural law[2]It's a concept that connects legal systems to ethical principles. Influential thinkers such as Hart, Raz, Kelsen and Dworkin have contributed diverse perspectives on the nature and function of law. The field addresses complex issues such as justice, human rights[3]It also examines legal interpretation and the interaction between law and social contexts. Contemporary philosophy of law also explores emerging challenges such as technological developments, legal pluralism and critical approaches that examine power structures within legal systems. By critically analysing legal concepts, it aims to deepen understanding of the role of law in the world. society[5] and promote fairer legal practices.
Philosophy of law is the field of research philosophical which has as its object the law. In order to obtain fairer decisions, Philosophy of Law, through reflection and questioning, seeks the real and procedural truth in order to apply it to the legal world. It can be defined as a set of answers to the question "what is law?", or even as an understanding of the nature and context of the legal endeavour. It not only concerns questions about the nature of the legal phenomenon, but also about what elements are at play when it is discussed. It has been approached both from a philosophical perspective, by trained philosophers, and from a legal perspective, by trained jurists.
The aim of this science is to know and contemplate the truth, and it is also concerned with arriving at the causes of things through reason. In the words of Paulo NaderPhilosophy is "the method of reflection by which man endeavours to interpret the universality of things". A stricter use of the term "Philosophy of Law" could delimit its content in a much less comprehensive way, especially when contrasted with the content of so-called "Philosophy of Law". Theory of Law. In this sense, the "Philosophy of Law" would be responsible only for questions related to the essence of the legal phenomenon, while the analysis of the substance of law, that is, questions related to the definition, functions, sources, validity criteria of law, etc., would be the responsibility of the "Philosophy of Law". legal theory.
When we reflect on the truth, we realise that when it is investigated, it is fragile and relative, since the aim is to contemplate its content in a pure sense, analysing the arguments of the parties involved, which consequently diverge from each other. As such, truth only loses its fragility when analysed in the light of philosophy, which is the means to consolidate and enhance its definitions when sought through reason.
In search of the truth, magistrates exercise their role by analysing and reflecting on each judicial demand in a rational, impartial and disinterested manner, with the help of philosophy, with a single objective in mind, which is to achieve justice and enforce positive law through a critical and evaluative decision. In this sense, Paulo Nader brilliantly puts it this way: "In applying the legal order to concrete cases, given the abstract nature of the rules and the fact that, when judging, you have to consider the legal order as a whole and not the laws in isolation, judges almost always have the power to resolve issues in accordance with the imperatives of justice and these are always presented with moral content".
In relation to analysing reason in the light of the Philosophy of Law, it can be seen that science seeks to arrive at the causes of things through reason, where reflection and a set of ideas make it possible to reach the law. According to André Gualtieri de Oliveira, philosophising about law follows the same objectives as philosophy, which is to worry about first causes. For him, the philosophy of law implies enquiring about the elements that make up what is fundamental to understanding the legal phenomenon, which is nothing more than the "trans-subjective nexus establishing a sphere of possible actions between two or more subjects".
English 
Portuguese 
French