Remarks on the approaches of law: a glance beyond tridimensionalism

Abstract

It is necessary to be clear on being rather iuspositivist, iusnaturalist, or in favor of another approach; the purpose of this is to acknowledge Law as a fact or as a rule; then, current definitions for iuspositivism and iusnaturalism don´t start from nothing or from spontaneous generation; rather, like most things in life, the reflexion about nature and the concreteness, starts in Greece when man thinks about problémica from the cosmology and the anthropological point of view. The strength of State regulation is not done through the ruling but through the system, ergo, the combination of normative statements with non-normative statements, the general ruling of Law is then its strength independently from its concept of justice because the focus of right is axiological (this is an infinite universe) but non normative. The State has stopped being the unique protagonist of society throughout the XXI century and the relations intertwining, for example, those at the interior of the civil society are becoming more intense with its own life and with total autonomy from any state Agency; in this context, the schmittiana relation friend/enemy with a state-political meaning nowadays is a plausible relation but not the only one, not even the most important. This article has been built through the use of the hermeneutic historical method as it departs from a comprehensive-interpretative idea of the traditional approaches of Law. For its accomplishment it resorted to the use of analytical abstracts and technical sheets though it is an exclusively theoretical analysis from an ius-philosofical order.