Source: Ludwig von Mises Institute
by Marcos Giansante
“In well-ordered legal traditions, disagreement about outcomes is expected. Disagreement about methods is tolerable. But the abandonment of method altogether marks a deeper rupture, one that transforms law from a system of constraint into an instrument of will. Contemporary Brazilian jurisprudence increasingly reveals such a rupture. The problem is often framed as a conflict between legal theories, or as the natural evolution of constitutional interpretation. Yet this framing misidentifies the phenomenon. What is at stake is not the triumph of one doctrine over another, but the quiet dissolution of the very structures that once constrained judicial power.” (04/21/26)
https://mises.org/power-market/when-legal-methods-become-rhetoric