This paper aims to offer a scientific-naturalist understanding that American philosophy of Law has been raised through the fifteen years of 21st century in front of the predominant state of art: Dworkin’s legal theory and the legal realism of the judges. Also it will find differences with the more known analytical jurisprudence thesis of United Kingdom like H. L. A. Hart. For that I will dispose two thematical axes. The first will take the philosophical elements that inspire Brian Leiter’s naturalistic thesis; principally W. V. Quine’s naturalized epistemology and the arguments of legal realist judges. The second will examine the scientific character of the thesis of Leiter, and it will be placed in the analytical American philosophy of Law of this century related to the other predominant thesis.
Naturalismo y derecho: una perspectiva científica en la teoría del derecho norteamericano del siglo XXI
Lopez Perez, Nicolas Alberto
2016-01-01
Abstract
This paper aims to offer a scientific-naturalist understanding that American philosophy of Law has been raised through the fifteen years of 21st century in front of the predominant state of art: Dworkin’s legal theory and the legal realism of the judges. Also it will find differences with the more known analytical jurisprudence thesis of United Kingdom like H. L. A. Hart. For that I will dispose two thematical axes. The first will take the philosophical elements that inspire Brian Leiter’s naturalistic thesis; principally W. V. Quine’s naturalized epistemology and the arguments of legal realist judges. The second will examine the scientific character of the thesis of Leiter, and it will be placed in the analytical American philosophy of Law of this century related to the other predominant thesis.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
