This paper will attempt to demonstrate the existence of a confluence between the scientistic and the conceptual analysis about the Law, which results into an eclecticism in the 21 st century legal theory and how to understand it. The latter is important to examine the state of the art post-Hart-Dworkin debate, discussing the general theory of law brought up today. At best, this research will be divided into two lines of metatheorical thought. The first will deal with the disagreement over the concept of law in analytical jurisprudence, through a radiography of the discussions which led to the publication of Hart's work with later Dworkin and Raz thesis on the concept. Second, assuming that law is an interpretive concept, should refer to their inconsistency to be objective or indeterminate at a time, calling into question the scientistic and the conceptual analysis, respectively.
Desacuerdos, análisis y conceptos: Reflexiones metateóricas para la teoría del derecho del siglo XXI
Lopez Perez, Nicolas Alberto
2014-01-01
Abstract
This paper will attempt to demonstrate the existence of a confluence between the scientistic and the conceptual analysis about the Law, which results into an eclecticism in the 21 st century legal theory and how to understand it. The latter is important to examine the state of the art post-Hart-Dworkin debate, discussing the general theory of law brought up today. At best, this research will be divided into two lines of metatheorical thought. The first will deal with the disagreement over the concept of law in analytical jurisprudence, through a radiography of the discussions which led to the publication of Hart's work with later Dworkin and Raz thesis on the concept. Second, assuming that law is an interpretive concept, should refer to their inconsistency to be objective or indeterminate at a time, calling into question the scientistic and the conceptual analysis, respectively.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.