Case Law and the Critical Analysis of Judicial Rulings

Abstract

In this 1925 article, Clóvis Beviláqua examines the role of case law and the critique of judicial rulings in the evolution and application of Law. He argues that Law transcends the mere enforcement of legal provisions, asserting that Courts must adapt rules to social reality, guided by general principles of law, legal scholarship, and the ideal of justice. The author emphasizes that case law must engage with diverse sources of knowledge to accommodate societal change. Accordingly, he advocates for the critical analysis of judicial rulings as an essential tool for clarifying, consolidating, or, when necessary, correcting their content. Only through such engagement, he concludes, can the Law fulfill its ultimate purpose: the realization of justice.