Juridical order is ontological while political order is critical and evaluative

Evidence

Hence one might say that “the juridical order is ontological and analytical, since it studies and analyses the various public institutions in their real essence”, while “the political order is deontological and critical, since it studies the various institutions not as they are, but as they ought to be, that is to say with evaluative criteria and considerations of expediency which are not, and cannot be, juridical”. — Antonio Gramsci, Selections from the Prison Notebooks, 935

Categorization

  • DEFINE: Gramsci (quoting Azzalini) distinguishes the static/analytical juridical perspective from the dynamic/critical political one — clarifying how law and politics differ as sciences.