Mauro Barberis

Another Realism is Possible. A New Beginning Based on Silvana Castignone

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Abstract

A realist theory of law, as cultivated by Castignone in her work, should integrate three components: analytical, empirical and normative. This paper will examine precisely three examples of her “otherµ realism: for the (more) analytical part, his essay Legalità, legittimità, legittimazione (1977); for the (more) empirical part, her Humean studies, which are still fundamental for the reconstruction of the evolution of law; and finally, for the normative part, her recent contributions on the ethics of care. The completeness of Castignone’s work makes it a model for a philosophy of law that becomes a meeting point for all the knowledge indispensable to the jurist.

Keywords

  • Legal Realism
  • Silvana Castignone
  • Theory and Philosophy of Law
  • Hume

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