VALUES AND LEGAL RULES

For long time, the doctrine has been emphasizing the reflection on the legal nature of the "higher values" that inspire our system. Sometimes it strikes how the law has been diluted in a world of pure ideology, if not pure utopia. Moreover, it has been frequently stated that this ideology or that utopia are genuine legal norms, as far as they are included in the Constitution. However, the legal rules are consequences of the exercise of reason, and these criteria are practical consequences of the action to channel in a particular way an action. The scale to focus, the objectivity, security and above all, practical rationality begin with the rules and gradually become vague as they get closer to the principles and above all values. The more we move away from the concrete legislation, closer we get to a world of morality, a pre-legal world, pre-figurative, increasingly abstract, more theoretical, closer to the idea, and further from any materiality and any practical rationality. The already mentioned ideas imply that we are unable to conclude nothing from these values except their own reiteration, as far as we are not able to present even a single exception to them.