François Ost

Which Philosophy of Law?

  • Abstract

Informations and abstract

Keywords: Dialectic Theory, Network Paradigm, Interpretation, Pluralism, Law and Literature.

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.

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