Massimo La Torre

Legalism as Philosophy of Law: A Few Questions and One Coda

  • Abstract

Informations and abstract

Keywords: Legalism; Legal Positivism; Legal Formalism; Legal Ethics.

This paper deals with the work of a leading Spanish legal philosopher, Francisco Laporta, and his approach to the concept of law. Law, in his view, is to be referred to a formalist notion of rule: It is the rule of law, as a formal requirement, that would define the nature of law. In short, his theory may be qualified as legalistic. Laporta's arguments in favour of legalism are here tested and criticized. In a coda to that discussion, Laporta's approach is brought into relation with the legal ethics proposed by a close friend of his, Liborio Hierro, who from legalism derives substantive implications for lawyers' ethics. These legal ethics are also brought under scrutiny and challenged.

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