The aim of this essay is both to critically examine the increasingly frequent reduction of realism and legal positivism to ideology, and to assess the heuristic productivity of "conceptual ambivalence" through an analysis of the relationship between law and violence in classical and contemporary authors. Only the awareness of the interminability of the analysis and the ambiguities of the concepts, of the specularity of the polarizations (pure technique is the other face of extreme politicization) and of the greater usefulness of the logic of et/et compared to that of aut/aut, can help us to rethink law in a humanistic way as a cultural phenomenon, recovering from legal positivism its most important legacy: the critical and demystifying orientation, relativistic but not sceptical.
BIA: storie (filosofiche) del diritto
mancuso francesco
2021-01-01
Abstract
The aim of this essay is both to critically examine the increasingly frequent reduction of realism and legal positivism to ideology, and to assess the heuristic productivity of "conceptual ambivalence" through an analysis of the relationship between law and violence in classical and contemporary authors. Only the awareness of the interminability of the analysis and the ambiguities of the concepts, of the specularity of the polarizations (pure technique is the other face of extreme politicization) and of the greater usefulness of the logic of et/et compared to that of aut/aut, can help us to rethink law in a humanistic way as a cultural phenomenon, recovering from legal positivism its most important legacy: the critical and demystifying orientation, relativistic but not sceptical.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
