Normative Statements and Correction Claim in the Logical Comprehension Domain

Abstract

The scope of the just judicial decision identifies the conceptual solidity not only of the legal order within which the decisional act is inserted as a category but also of the degree of rational recognition that this normative order socially communicates as fair. In this context, a judicial decision issued rationally within a contractually signed system is always pure positive law, but positive law, after all, is characterized by the fact that the act of issuing a sentence will always be a representation of the jurisdictional power of the State. It will then be the State as a positive institution that, fulfilling its duty of subjection to the principle of the rule of law, assumes as its mandate the linguistic communication of the normative text. A normative decision (judgment), legally binding, issued in the aforementioned circumstances, always runs the risk of being qualified as intolerable, or, as Radbruch puts it, an unjust decision. It is there, where, in principle, lies the purpose of this essay, trying to establish what is the basis for the rational validity of the fair judicial decision.