jogiracionális

Jogiracionális, also known as legal rationality, is a concept in legal theory that emphasizes the importance of reason and logic in the application of law. It posits that legal decisions should be based on a systematic and consistent application of legal principles, rather than on arbitrary or capricious judgments. This approach seeks to ensure that legal outcomes are predictable, fair, and just.

The concept of jogiracionális is closely related to the idea of legal positivism, which holds that the law is a set of rules created by human beings and enforced by the state. Legal positivists argue that the law should be applied in a consistent and predictable manner, without regard to the personal beliefs or values of the judge or other legal professionals.

Jogiracionális is often contrasted with the idea of legal realism, which emphasizes the role of judges in shaping the law through their interpretations and decisions. Legal realists argue that the law is not a fixed set of rules, but rather a dynamic and evolving body of principles that are shaped by the experiences and perspectives of judges.

Despite these differences, both jogiracionális and legal realism share a common goal of ensuring that the law is applied in a fair and just manner. However, they differ in their views on the role of the judge in the legal process and the extent to which the law should be shaped by human judgment.