From the rationalism abandonment to the return to rationality

Abstract

The article represents a plea for the return to rationality in law by approaching the fundamental aspect, the material aspect of rationality in law, that rationality which allows the identification of criteria for evaluating the legitimacy of law and the relationship between Law and Act. In this context, a historical retrospective of the evolution of the concept of rationality in law is carried out, which demonstrates the need to continue this theoretical approach until it becomes a reality in the conditions in which we aim to overcome the gap between the theoretical and applied framework, and the getting out of the crisis of law. Also, the vital necessity to return to rationality in law is justified, including through practical but also scientific arguments. At the same time, the study represents an appeal, a call to return to rationality and responsibility in the knowledge and application of the law and to continue efforts in order to achieve this desideratum.