Entrevista homenaje al Dr. Carlos Fernández Sessarego - Bloque I

Introduction to the Program

Welcome and Context

• The program "Referente Jurídico" is produced by the Academy of the Judiciary of Peru, featuring a special guest, a prominent jurist and philosopher from the 20th century in Peru.

• The guest is Professor Carlos Fernández Sessarego, recognized for his significant contributions to legal science both nationally and internationally.

Passion for Law

Discussion on Legal Education

• The host emphasizes their shared passion for law as students, highlighting that they view themselves as colleagues rather than just students.

• Professor Fernández is currently working on his 17th book, showcasing his dedication to legal scholarship.

Understanding Law

Philosophical Foundations

• Fernández describes law as comprising three levels: philosophy (foundational principles), doctrine (academic writings), and practice (application by judges and litigants).

• He asserts that law was created by humans to facilitate coexistence; without it, societal interaction would be impossible.

Historical Perspectives on Law

Key Figures in Legal Philosophy

• References are made to historical figures like Julius von Kirchmann who questioned the scientific nature of law.

• Karl Marx's perspective identifies law as a manifestation of dominant class will, emphasizing its normative aspects.

Comprehensive View of Law

Social Dynamics and Normative Rules

• Fernández argues that while law relates to legislation, it encompasses broader social phenomena that necessitate rules for peaceful coexistence.

• He highlights the importance of studying law from an epistemological perspective, integrating various methodologies.

Ontological Considerations in Law

Early Contributions to Legal Theory

• The professor reflects on his early work from the 1940s regarding an ontological determination of law, which stemmed from his philosophical studies at San Marcos University.

A Journey Through Philosophy and Law

Choosing a Path: Law and Literature

• The speaker chose to study law, driven by an interest in justice, while also pursuing literature. They studied two faculties but were unable to complete their thesis due to work commitments.

• Despite not finishing their thesis, the speaker became self-taught, particularly in existential philosophy, which was just arriving in Peru at that time.

Discovering Existential Philosophy

• The arrival of existentialist texts from philosophers like Sartre and Heidegger sparked the speaker's interest as they shifted focus from understanding the essence of things to exploring human identity.

• The speaker found it fascinating that these philosophers began questioning "Who am I?" rather than merely analyzing existence itself.

Historical Shifts in Philosophy and Law

• The speaker emphasizes a historical shift where human beings became central to philosophy, paralleling changes in law during the 20th century where personalism replaced patrimonialism.

• They argue that the 20th century represents a significant philosophical era, surpassing even ancient Greek thought regarding its intensity and impact on both philosophy and law.

Influences from Academia

• Entering law school with this philosophical background, the speaker recalls being taught by Juan Bautista de Lavalle, who emphasized legal norms as central to legal studies.

• Lavalle's teachings highlighted that legal norms are abstract concepts filled with psychological content rather than concrete realities.

Understanding Legal Normativity