The Amphianthropic Theory of Law

Legal theories examine validity, interpretation, proof, and institutional authority, yet legal reasoning can compress human circumstances into an isolated fact and treat the resulting decision as the end of inquiry. Developed from the Theory of Human Centrality (TCH), the Amphianthropic Theory of Law (ATL) proposes a six-stage architecture: Human Formation, Human Antecedence, Fact, Value, Norm/Decision, and Human Consequence. The latter may shape future human conditions, creating a recursive legal process. ATL preserves normative autonomy and makes external expertise conditional on relevance, reliability, materiality, necessity, and proportionality. This foundational manuscript compares major jurisprudential alternatives, examines judicial and legislative materials from eight countries, articulates five contestable hypotheses, and illustrates applications across ten legal fields. It further proposes three legally bounded analytical mechanisms: an audit of epistemic limits, a counterfactual test for materially omitted human dimensions, and a review of consequences where institutional competence permits continuing action. These mechanisms are situated against existing scholarship in legal epistemology, causal inference, and structural remedies rather than presented as discoveries without predecessors. Head-to-head conceptual comparisons identify possible incremental contributions, cases of doctrinal redundancy, negative controls, and conditions for empirical refutation. The manuscript does not report controlled experiments or claim demonstrated superiority over competing theories. Its contribution is a comparative research programme for evaluating whether a structured before-and-after analysis improves legally relevant understanding without sacrificing rights, institutional limits or proportionality.

Authors

Publication Details

Published
2026-10-29
DOI
https://doi.org/10.31219/osf.io/wvzda_v1
Primary Topic
Comparative constitutional jurisprudence studies
Type
preprint
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
preprint

The Amphianthropic Theory of Law

Silvio Moreira Alves Júnior
1 links
Comparative constitutional jurisprudence studies
preprint

The Amphianthropic Theory of Law

Silvio Moreira Alves Júnior
preprint en

Abstract

Legal theories examine validity, interpretation, proof, and institutional authority, yet legal reasoning can compress human circumstances into an isolated fact and treat the resulting decision as the end of inquiry. Developed from the Theory of Human Centrality (TCH), the Amphianthropic Theory of Law (ATL) proposes a six-stage architecture: Human Formation, Human Antecedence, Fact, Value, Norm/Decision, and Human Consequence. The latter may shape future human conditions, creating a recursive legal process. ATL preserves normative autonomy and makes external expertise conditional on relevance, reliability, materiality, necessity, and proportionality. This foundational manuscript compares major jurisprudential alternatives, examines judicial and legislative materials from eight countries, articulates five contestable hypotheses, and illustrates applications across ten legal fields. It further proposes three legally bounded analytical mechanisms: an audit of epistemic limits, a counterfactual test for materially omitted human dimensions, and a review of consequences where institutional competence permits continuing action. These mechanisms are situated against existing scholarship in legal epistemology, causal inference, and structural remedies rather than presented as discoveries without predecessors. Head-to-head conceptual comparisons identify possible incremental contributions, cases of doctrinal redundancy, negative controls, and conditions for empirical refutation. The manuscript does not report controlled experiments or claim demonstrated superiority over competing theories. Its contribution is a comparative research programme for evaluating whether a structured before-and-after analysis improves legally relevant understanding without sacrificing rights, institutional limits or proportionality.

Peace, justice, and strong institutions
Comparative constitutional jurisprudence studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon