Law, Justice and Critical Thinking

Abstract

This paper pretends to introduce a reflection about relations between the creation of Law, the concept of Justice and the need of a skeptical thought. Through some examples, we are going to know why is needed the presence of critical thinking in the process of conformation of social consensus over controversial issues. Questions as important as the recognition of the right to life or the condition of person have changed deeply in social and juridical perspectives, because of the production of scientific progress in medical and biotechnological areas. The knowledge and the belief are part of the process of formation of the concept of justice in every concrete problem. The concept of justice influences in the process of creation of Law. After that, the paper introduces a reflection about the best strategy in some cases where social consensus differs of scientific consensus and lawyers should deal with pseudosciences. Should Law be proactive and promote a change in public opinion through interdiction of pseudoscientific activities? Would that strategy have an adverse effect?