This paper will analyze, from the perspective of analytical legal theory, some methodological rudiments on the concept and the nature of law. For this, the study will be divided into three parts. Firstly, scholarly discussions will be addressed with related literature about the ontological dispute of the law in the analytical tradition. Secondly, Joseph Raz's thesis on legal theory will be critically evaluated, from the point of view of its epistemic value. Thirdly, the insufficiency of the razian proposal to theorize the law through a pure formal understanding on the concept of the nature of law will be clarified. The research will give emphasis to the texts of Raz.
La teoría del derecho de Joseph Raz: ¿Un esencialismo cientificista insuficiente?
Lopez Perez, Nicolas Alberto
2013-01-01
Abstract
This paper will analyze, from the perspective of analytical legal theory, some methodological rudiments on the concept and the nature of law. For this, the study will be divided into three parts. Firstly, scholarly discussions will be addressed with related literature about the ontological dispute of the law in the analytical tradition. Secondly, Joseph Raz's thesis on legal theory will be critically evaluated, from the point of view of its epistemic value. Thirdly, the insufficiency of the razian proposal to theorize the law through a pure formal understanding on the concept of the nature of law will be clarified. The research will give emphasis to the texts of Raz.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.