Abstract

IBANEZ HELGUERO, Juan José. The judge and his fair work towards positive law; a perspective from the kantian categorical imperative  . Rev. Jur. Der. [online]. 2021, vol.10, n.15, pp.51-68. ISSN 2413-2810.

Abstract From the neutral conception of general legal norms, the criticism of legal positivism lies in cases where the positive norm is insufficient to the concrete case and it is necessary for the judge to complement the norm with impartial reasoning, in which the question arises, how should the judge reason for his trial to be fair? meanwhile, knowing that a judge enjoys internal morality or an evaluative judgment that, if he reasons from his own concept of justice, the application of impartiality would be violated and would be fortunate to be utopian if its compliance is not effective within the legal system. Kant proposes from his ethics the "good will" in this case the duty of a judge, reason and act with the categorical imperative for impartiality (formalized in the legal system) and therefore the law.

Keywords : judge; impartiality; right; duty; imperatives..

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