Rosaria Pirosa

The Potential of a Theoretical-Critical and Contextual Approach to the Philosophy of Law. Reflections on a Recent Handbook

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Abstract

Starting from the theoretical perspective of Thomas Casadei and Gianfrancesco Zanetti in their recent Handbook of Legal Philosophy, this article aims to focus on the value of interpretations as a key to the philosophical and historical understanding of juridical experience. By highlighting the importance of a reflective teaching and a pluralistic methodology, the contribution takes into consideration the epistemological and gnoseological interdependence between figures, categories and contexts, and their relevance, in relation to the path followed by the authors. Underlining the core-issues of the work, the essay intends to show how the connection between the legal-philosophical and philosophical dimension, the resemantization of some “conventionalµ conceptual articulations of the legal philosophical discourse, allows one to bring out, together with the heuristic scope of the thought of fundamental authors, the potential of a theoretical-critical approach to the Philosophy of Law in which reasoning on normative issues joins the projection towards empirical reality.

Keywords

  • Interpretation
  • Handbook
  • Philosophy of Law
  • Anti-legalism
  • Contextualism

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