November 6, 1910|
São Bento do Sapucaí, Brazil
April 14, 2006
São Paulo, Brazil
|School||University of São Paulo|
The Three Dimensions of Law (Social Fact, Value and Legal Norm)
Miguel Reale (November 6, 1910 – April 14, 2006) was a Brazilian jurist, philosopher, academic, politician and poet. Known as one of the most important jurists of Brazil. He is considered the greatest Brazilian philosopher of all time.
Reale served as Secretary of Justice for the state of São Paulo in 1947. He founded the Brazilian Institute of Philosophy in 1949 and the São Paulo-based Inter-American Society of Philosophy in 1954. He was a member of the Brazilian Academy of Letters.
He graduated from the Law Faculty of the University of São Paulo (1934), where he was professor (1941) and rector (1949-1950, 1969-1973). In addition, he received the title of professor emeritus of the University of São Paulo.
Received notoriety when formulating the three-dimensional theory of law on which the right has three dimensions: social fact, value and legal norm. Briefly, his theory can be understood as follows: "The social fact (sociological aspect) is valued (axiological aspect) and, due to this, it produces a legal standard." Thus, the three dimensions of law come into connection through a peculiar cultural dialectic called "dialectic of polarity and implication."
In 1969 he was appointed by President Arthur da Costa e Silva for "High Level Commission" set up to review the 1967 Constitution. Resulted this work part of the text of Constitutional Amendment No. 1, dated 17 October 1969, which consolidated the military regime in Brazil.
Was supervising the setting-up committee of the Brazilian Civil Code of 2002 whose project was sanctioned by President Fernando Henrique Cardoso, becoming the Law 10.406/2002. He is considered the chief architect of Brazil's current Civil Code.
Miguel Reale had prominent role in the field of philosophy, occupying the following positions: Co-founder of the II Brazilian Congress of Legal and Social Philosophy (São Paulo, 1986) and the third and fourth Congresses (João Pessoa, Paraíba, 1988/1990).