Justice in the Trialist Theory of the Juridical World

Abstract

For Goldschmidt, the founder of the theory, Trialism proposes to treat in Law the elements -facts, norm and value- that make up the triple dimension of the juridical world, that is, the distributions of power and impotence -of what favors or harms being and life- -sociological dimension-, captured by norms -normological dimension- and valued -the distributions and the norms- by justice -dikelogical dimension-. The distributive behaviors are human behaviors; the norms, descriptions and logical captures of the distributions and justice as a value, is realized through men in the juridical world and allows us to value the distributions and the norms. Trialism seeks the integration of the three dimensions of the juridical world by complying with the requirement of purity of method so as to avoid simplicity, which mutilates the object of law by reducing its three dimensions to one or the impure in which the three dimensions are mixed. This gives Trialist theory a highly enlightening cognitive superiority that enables it to achieve a pure complexity of legal knowledge and its relations with other areas of knowledge that allows it to fertilize not only the thinking common to all law, but also the complex of legal branches and enrich the temporal displays of the history of law and the spatial displays of comparative law, projecting possibilities to a Trialist theory with a that integrates them together with all cultural displays. In order to achieve complexity, Trialism differentiates the different deployments of the juridical world without destroying them and elaborates its perspectives separately, analyzes them individually and then integrates them in a coordinated way into a system, also recognizing the respective horizons in which these dimensions are inserted and that of the Law as a whole. With this it facilitates the development of the jurist distinguishing the facts that it tries to regulate and the relative values that are inherent to the different solutions; the logical instrument for the best capture of these last ones and the valuations of justice, the only absolute value of the juridical world with reference to which the others are submitted. For this reason, it can give harmonious answers, coherent with the general whole of the juridical world, not fragmented or contradictory between them, in the face of all the problems that may arise, and, in its case, it offers the keys for its self-integration. This allows it to successfully face the challenge of complexity, one of the most relevant in post-modernity, in the face of which simplifications try to get the issue out of the way as quickly as possible by means of mere reductions with no possibility of success or medium-lasting projections or responses that may give rise not only to normatively wrong solutions, but also to considerations that do not respond to what we really appreciate as valuable.