François Ost

Which Philosophy of Law?

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Abstract

The philosophy of law serves a critical-reflective function in that it addresses those fundamental questions of a linguistic, ethical and anthropological nature which are implicit in legal discourse. In order to perform this function, the philosophy of law uses a dialectic method, making it possible to comprehend the complex forms of interaction between different legal systems. The simultaneous presence of a plurality of legal systems produces a paradigm shift: the classic pyramidal model of law makes way for the competing model of the network. The complexity of modern times requires a reappraisal, both in dialectic and interdisciplinary terms, regarding the relationship between the law and the founding values of a given society.

Keywords

  • Dialectic Theory
  • Network Paradigm
  • Interpretation
  • Pluralism
  • Law and Literature

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