An evolutionistic theory of law is a version of methodological legal positivism wich focuses on unintended effects of human action in law. As to the questions of legal methodology, such a theory could propose three theses. First, a true wertfrei theory of law is possible, but only by abstracting from methodological, technical and moral evaluations it must presuppose. Second, different legal theo- ries could advance different cognitive definitions of law, but not a normative one, which would be only a genuine evaluation. Finally, legal dogmatics is different from true legal theory because its subject matter are particular legal system, but above all because it requires interpretation —i. e. a soft normative activity, albeit not a full-fledged normative one—.
Knowledge, Evaluation and Interpretation in an Evolutionary Theory of Law
BARBERIS, MAURO GIUSEPPE
2010-01-01
Abstract
An evolutionistic theory of law is a version of methodological legal positivism wich focuses on unintended effects of human action in law. As to the questions of legal methodology, such a theory could propose three theses. First, a true wertfrei theory of law is possible, but only by abstracting from methodological, technical and moral evaluations it must presuppose. Second, different legal theo- ries could advance different cognitive definitions of law, but not a normative one, which would be only a genuine evaluation. Finally, legal dogmatics is different from true legal theory because its subject matter are particular legal system, but above all because it requires interpretation —i. e. a soft normative activity, albeit not a full-fledged normative one—.Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
