Lenguaje y Teoría del Derecho
Tensiones en una variante del realismo Jurídico
DOI:
https://doi.org/10.5347/isonomia.v0i35.208Keywords:
language, philosophy of law, legal realismAbstract
Legal positivism in general and legal realism in particular tend to follow at least three philosophical theories: empirism, naturalism and pragmatism. Contemporary legal realism has multiple variants: American, Scandinavian and Italian.The differents sorts of legal realism not always form the totality of a given philosophical theory. Rather, they tend to embrace some thesis, to abandon others, adding to the general theory their own ones. This paper analyzes a variant of legal realism (so called “legal realism from Genova”) and tries to show that its main thesis generate a cluster of tensions. Some of the tensions that will be noted here are relevant for legal positivism in general.
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