THE THEORY OF TRILITY AS A RELEVANT TOOL IN THE INTERPRETATION AND SUBSUMPTION OF THE LEGAL NORM OF PUBLIC ORDER

Abstract

One of the great challenges in the legal sphere, especially for those without legal training, is the ability to interpret legal rules by correctly subsuming their content to specific cases. This challenge arises because the normative field often relies on dualistic thinking: right or wrong. In many situations, particularly when dealing with public order rules, this binary approach can limit the interpreter's actions, who becomes conditioned by the relevant law's strictures. Thus, this study aims to demonstrate that other possibilities for interpreting legal norms may exist. The so-called “Theory of Trility and Human Reasoning” offers a significant contribution in this regard, emerging as a new way of approaching legal interpretation. The study investigates the extent to which these alternative interpretive methods can be beneficial in the legal field, particularly when we abandon the old habit of viewing reality through a dualistic lens. To achieve this objective, the study employed a review of specialized literature focused on the study of legal norms, their interpretation, and dialogue with scholars specializing in the Theory of Trility.