Is-Jurisprudence Versus Ought-Jurisprudence: A Discarded Distinction Today?

The social sciences are very much interested in law and its impact upon politics and economics. Recently, moralism has recently entered jurisprudence to such an extent that the classical separation between the IS and the OUGHT appears discarded almost. However, the distinction between law and justice remains valid. It is essential in the political analysis of the constitution and constitutional reforms. When it comes to the central concept of rights, one must first clarify the existing rights and then move on to suggest reforms, augmenting the rights, Justice belongs to OUGHT jurisprudence and remains always key in political analysis, but it should not enter IS jurisprudence, because there are several justice conceptions.

Keywords: Norms, justice, rights, natural law, legal positivism, legal realism and legal pragmatism.