The Political Character of Law and Judicial Decisions

The political character of law in general, basically consisting of its final orientation to the political common good, has been recognized by authoritative doctrine in the field of classical realism. Notwithstanding this, the pursuit of the common political good through law has been predominantly admitted at the level of legislative activity (mediate efficient cause of law) with some degree of oblivion regarding its presence in concrete justice and -particularly- in the judicial concrete justice (immediate efficient cause of law). Faced with the anomalous practices known as the << politicization of law >> or the << judicialization of politics >>, it is pertinent to understand the scope and sense of a correctly conceived political character of judicial sentences.