Abstract

ZAGAL ARREGUIN, Héctor  and  RAMOS-UMANA, Leonardo. Justice or Equity: Aristotle and Jurisprudence. Prax. filos. [online]. 2020, n.51, pp.133-150. ISSN 0120-4688.  https://doi.org/10.25100/pfilosofica.v0i51.10102.

What is the fairest application of the law, applying it to the letter in all cases or allowing the judge some scope to interpret it? Throughout this text we will present how there have been many supporters of a “literalism” when it comes to applying the law, and for this we will explain what happened during the French Revolution. Based on Rousseau's opinion, the enlightened French believed that the legislator, as the creator of the law, was the one who best knew the spirit of it, then the interpretation of the law by the jurist was arbitrary. In other words: the work of the judge was understood nothing more than the inference of a conclusion from certain premises (the law and the case). Aristotle, however, had already foreseen this problem. So, the purpose of this writing is (1) to explain what has led to wanting to apply the law to the letter, (2) what are its risks and (3) the solution that Aristotle proposes to this matter, where we will talk about prudence and the judge as "law endowed with life".

Keywords : Jurisprudence; Prudence; Justice; Law; Hermeneutics.

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