The History of Legal Philosophy and Its Actual Meaning
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Abstract
Philosophy of Law is an intellectual category in which both History and System are intertwined, since both dimensions build up its complete and unitary meaning. Though it was common during a long period to combine historical and systematic approaches in Legal Philosophy, since the nineteen-sixties there has been a gradual decline in historical perspectives and an increasing, almost exclusive, preference of theoretical perspectives aimed at a systematic analysis of Law. This article defends the thesis that a comprehensive reflection about Law, which is deemed necessary in legal education, requires a thematic structure combining the synchronic study of what some philosophers call the "legal experience" along with the diachronic investigation of its premises.
Keywords
- History of Legal Philosophy
- Meaning of Legal Philosophy
- Actual Transformation of Legal Systems
- Crisis of Positivistic Legalism
- Legal Education