Isabel Trujillo

For a philosophy of positive law alternative to legal positivism

Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.

Abstract

The article discusses Francesco Viola’s new book, considered as a philosophy of positive law alternative to legal positivism. The starting point is the classification of his approach as characterized by the thesis of an interpretive connection of law and morals, evident in his itinerary through the three revivals of Natural law in the last century. This kind of connection – possibly shared both by many Natural theories and positivistic positions – leads coherently to the thesis of the conceptual connection, in which justice plays an important role in the concept of law. Finally, a comment is proposed on his important distinction of epistemological, ontological and ideal approaches to the concept of law.

Keywords

  • Natural Law
  • Interpretive Theories of Law
  • Justice
  • Nature of Law
  • Concept of Law

Preview

Article first page

What do you think about the recent suggestion?

Trova nel catalogo di Worldcat