Quantum theorie of Law: the Law like an instrument of domination and resistance

Abstract

The scientific neutrality is the object of this work. The discoveries of the Quantum Physics have demonstrated that there is not a rigid separation between subject and the object of knowledge. The objective, natural and divine truth gives way to a subjective, artificial and human truth. The science does not limit to describe the reality, but it unavoidably changes it. This epistemological change of the natural sciences is reflected in the Law with the abandonment of the positivist ideal of a neutral judge. The magistrate is not a neutral observer that describes an unique true meaning of the law, but a political agent which, with his interpretation, creates new rights starting from his own choices. All judgment is a political option between juridical safety values and distributive justice. Judge is to decide whether the Law will be applied as a status quo maintenance instrument or if, a contrario sensu, like an instrument of social inclusion.