n this article I discuss some notions at the margins of the complicated and controversial relationship between the history of (legal) thought and philosophy (of law). In particular, I respond to two questions: 1) Is it possible to do “philosophy of law” disregarding its history? 2) How much history is required to do “philosophy of law”? On the basis of these considerations, I will concentrate briefly on some of Alexy’s proposals, which we will study as a paradigmatic case for a “certain way” of conceptualizing the philosophy of law and its relationship to history.
Tra antiquari e orologiai. Filosofia del diritto e dimensione storica
Andrea Porciello
2021-01-01
Abstract
n this article I discuss some notions at the margins of the complicated and controversial relationship between the history of (legal) thought and philosophy (of law). In particular, I respond to two questions: 1) Is it possible to do “philosophy of law” disregarding its history? 2) How much history is required to do “philosophy of law”? On the basis of these considerations, I will concentrate briefly on some of Alexy’s proposals, which we will study as a paradigmatic case for a “certain way” of conceptualizing the philosophy of law and its relationship to history.File in questo prodotto:
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