The objectivity of the law as a function of the subjectivity/objectivity of the judge

Abstract

The article puts forward the attempt of objectively describing the analytical theory of the Law just as it is. It explains why it fails along the 20^th century. The analogy of the objectivity is put forward to argue that the Law can be objective depending on a methodical subjectivity of the judge, which breaks the rigid objective-subjective opposition, following Robert Spaemann's proposal. Therefore, the objective juridical Science of Law must again incorporate the justice problems in an explicit way, as also suggested by Dworkin, Finnis and Alexy.