Giovanni Battista Ratti

Towards a Naturalized Jurisprudence. Some notes on Brian Leiter's «Naturalizing Jurisprudence»

  • Abstract

Informations and abstract

Keywords: Legal Realism, Philosophical Naturalism, Positivistic Jurisprudence, Ethical Non-cognitivism, Legal Adjudication.

The paper presents and discusses some themes from Leiter's famous book Naturalizing Jurisprudence. In particular, it analyzes Leiter's contentions according to which: 1) American legal realism is a kind of avant la lettre philosophic naturalism applied to legal adjudication; 2) not only is American legal realism compatible with legal positivism, but it also presupposes its exclusive version; 3) one may "complete" the legal realistic account by means of the idea that moral objectivism must be rejected since it postulates entities which do not match the epistemic and ontological requirements set forth by the best scientific theories, the methods thereof, according to naturalism, should also be used by philosophical inquiry.

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