What is reality in law? Refutation of some elementary ideas of legal realism and reaffirmation of normativism

Authors

  • Guillermo Ortega Monge Universidad de Costa Rica, San José, Costa Rica Author

DOI:

https://doi.org/10.15517/0103gc59

Keywords:

Law, Realism, Normativism, Literature, Fictions

Abstract

Legal realistics think that normativism is wrong beacause it does not behave according towhat they call reality. This article affirms that the subject matter of law is a literary creation, thus, unnafiliatted with reality. From there, the study intends to refute some elementary ideas of legal realism and to propitiate a reconstruction of normativism.

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Published

2026-03-26

Issue

Vol. 163 No. 163 (2024): Quartery (January - April) 2024

Section

Artículos

License

Creative Commons License

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How to Cite

What is reality in law? Refutation of some elementary ideas of legal realism and reaffirmation of normativism. (2026). Revista De Ciencias Jurídicas, 163(163), 1-24. https://doi.org/10.15517/0103gc59