Bruno Montanari

Philosophy of Law Between Tradition and Revision

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Abstract

Every philosophical thought deals with the problem of the objectivity of the ought-to-be. Different solutions, proposed according to dif- ferent methods and approaches, are all acceptable as long as the categories and concepts used are capable of considering the phenomena as they appear in the contemporary socio-cultural context. Today an essential test for any philosophical approach to the legal dimension is the capacity to read the sliding of concepts from the level of the links between "order - system - legal order" to that between "balance - complexity - governance". It is indeed an epistemological passage; but at the same time it makes it possible to set up a dialogue with legal experts who are forced by the contemporary context to reconsider their own technical and conceptual apparatus rather than merely adapting it to the contingent needs of the practice.

Keywords

  • Plurality of Approaches
  • Epistemology
  • Legal Order
  • Governance
  • Dialogue with the Jurists

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