Legal philosophy, legal theory — and the future of theoretical legal thought

Varga, Csaba (2009) Legal philosophy, legal theory — and the future of theoretical legal thought. Acta Juridica Hungarica, 50 (3). pp. 237-251. ISSN 1216-2574

Preview

Text ajur.50.2009.3.1.pdf Download (211kB) | Preview

Abstract

Surveying the ways—along with the whys and hows—of connecting law and philosophising, as contrasted to the appearances of modern formal law, it is concluded that in the final analysis law is a façon de parler—a specific communication, or game carried out in an open scene—, an actual event, if one played by humans practicing whilst simultaneously referencing it. The contemporary outcome of reflection upon its developments is (1) the reduction of legal philosophising to discourse-reconstruction, in terms of which instead of the issue of “what is it?”, “all that notwithstanding: how can it be achieved?” is usually raised; (2) the unresolved enigma of natural law, calling for axiology to define at least some foundational standards as stepping stones (albeit without a claim that any statement has genuinely concluded from them or been subordinated to them, as in the classical era when natural law and positive law were at odds); and (3) positive law without legal positivism, according to which a new synthesis and correlation amongst humans’ natural, societal and intellectual worlds is expected to be reached. At the same time, flourishing at the peripheries, a genuine foundation is coming to the fore, in order to suitably respond to global challenges.

Actions (login required)

Edit Item