acotumado a reclamar de advogados serem legalistas e
MISES[p 55] manda uma dessas:
The concept of justice as employed by jurisprudence
refers to legality, that is, to legitimacy from the point
of view of the valid statutes of a country. It means justice
de lege lata. The science of law has nothing to say
de lege ferenda, i.e., about the laws as they ought to be.
To enact new laws and to repeal old laws is the task of
the legislature, whose sole criterion is social utility. The
assistance the legislator can expect from lawyers refers
only to matters of legal technique, not to the gist of
the statutes and decrees.
There is no such thing as a normative science, a science
of what ought to be.
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