Enrico Pattaro

Sightseeing... and Debating

  • Abstract

Informations and abstract

Keywords: Legal Positivism; Legal Realism; Methodology; Reductionism.

In this paper I maintain that Guastini makes four reductions, and put forward my criticism to them. He reduces: (i) any value-free approach to law to the so-called methodological positivism; (ii) the legal positivism itself to the so-called methodological positivism; (iii) non-speculative legal philosophers to jurists; and (iv) all the realist legal philosophers to (methodological) positivists. My criticism is developed in sections 3b, 3a, 1, and 3c, respectively.

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