The present work analyzes the juridical hermeneutics between positivism and post-positivism
in order to present as product the axiological juridical method as new form of scientific
knowledge to be used in civil law. For its formulation, it was necessary to go through the
positivist thought, which gained strength by the simplification it promoted to the law, as well
as the post-positivist current, grounded on evaluative interpretations that end up refining a
reflective hermeneutics on ideas of justice. The law assumes functional drapery and the
proposal of open society is incorporated to permeate juridical edification adjusted to social
reality. The teleology of this conjugation is to withdraw the simple logical-deductive
application to seek a new rationality in tune with the idea of material protection and concretizing
rights. This diapason is where the dialogical plot of the "open society" enables the building of
a civil law that is communicative with other sources. However, theories like the dialogue of
sources and hetero-reflexive hermeneutics were pointed, but criticized, whether by lack of
content, or because they promoted regress to the constructs of the positivist model. The
interpretation of the Civil Code, from the axiological juridical method, values and chases the
measurement between the desired justice and the necessary security, task which parts from the
standard norm content, which forming essay passes between the action radius of the three
"Communicating Entities": Society, State and Law and that permeates the construction of the
normativism, which corresponds to an all interpretive transdisciplinary character. The
axiological juridical method aims the evaluative construction of thought supported on the
reflexes that can bear fruit for individuals and for society. Differs from judgment of equity by
being operational and not dwelling on justice on abstract plan. Thus, its tailpiece is processed
when it does the conjugation of judgments of value and reality (judgments of adequacy), which
its concreteness can be perceived in face of the analysis of factual and hypothetical situations,
where the method can be contextualized.
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