Justificación judicial y valoraciones

Abstract

This paper deals with one of the main issues of legal argumentation theory: the role of values in the process of the application of law. Value reasons play a more important role than the positivist conception of law use to stand. In many cases, legal decisions cannot be justified upon law itself alone but also on extralegal values. This point does not mean that, in this realm, those were necessarily arbitrary but discretionary. This involves that it is needed to establish some rationality criteria which are not really legal but moral or ethical.