The paper brings three main objections to Vittorio Villa. The first concerns the meta-theoretical, if not philosophical, and anyway top-down, character of his own approach: to which another one is opposed, a so to speak truly realistic, only theoretical, strictly legal, and anyway bottom-up one. The second objection concerns Villa’s criticism of descriptivism, from the point of view of his own meta-scientific constructivism: such a criticism is overcome, along the same direction of thought, by the proposal of a cognitive but linguistically pragmatic and philosophically pragmatist jurisprudence. The third objection concerns Villa’s refusal of the Wertfreiheit principle: refusal to which it is replied that the positivist tradition never actually banned the lawyer and the philosopher of law from the right to evaluate, but only to do so occultly.
Lo spazio della teoria. Tre passaggi problematici nell'opera di Vittorio Villa
BARBERIS, Mauro Giuseppe
2017-01-01
Abstract
The paper brings three main objections to Vittorio Villa. The first concerns the meta-theoretical, if not philosophical, and anyway top-down, character of his own approach: to which another one is opposed, a so to speak truly realistic, only theoretical, strictly legal, and anyway bottom-up one. The second objection concerns Villa’s criticism of descriptivism, from the point of view of his own meta-scientific constructivism: such a criticism is overcome, along the same direction of thought, by the proposal of a cognitive but linguistically pragmatic and philosophically pragmatist jurisprudence. The third objection concerns Villa’s refusal of the Wertfreiheit principle: refusal to which it is replied that the positivist tradition never actually banned the lawyer and the philosopher of law from the right to evaluate, but only to do so occultly.File | Dimensione | Formato | |
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