Aristotelian Phronesis: The Judge's Practical Wisdom
Contemporary legal theory increasingly refers to the concept of phronesis – Aristotelian practical wisdom. It is the ability to make sound judgments under conditions of uncertainty, where the mechanical application of rules fails. In so-called "hard cases" (hard cases), the lawyer ceases to be a mere technician and becomes an interpreter of value conflicts.
Dworkin: Rules and Principles as Pillars of the System
Ronald Dworkin revolutionized legal thinking by introducing the distinction between rules and principles. Rules are applied on an "all-or-nothing" basis, whereas principles set a direction and require "balancing" in a specific context. This allows the law to maintain integrity, bridging the letter of the text with the moral spirit of the system.
Hart vs. Fuller: The Debate over the Internal Morality of Law
H.L.A. Hart and Lon L. Fuller engage in a pivotal debate over the nature of law. Hart defends the separation thesis between law and morality, arguing that the binding force of norms is determined by social criteria (the rule of recognition). Fuller responds with the concept of the internal morality of law: a system must be public, consistent, and understandable to deserve the name of law at all