El filósofo, el legislador, y el sistema

The philosopher, the legislator, and the system. Brief notes on Eugenio Bulygin’s (lack of) position about the legislator and its role in legal systems. The aim of the present paper is to suggest that the central issues related to the legislator have not been dealt in depth by Bulygin in his prolific work, leading to some internal inconsistences in his thinking. I specifically aim to suggest that: i) the ideal of legal system defended in Normative Systems (on which all his later work is based upon) seems to be based on the ideal of rational legislator; ii) the analysis on normative gaps is for Bulygin dependent on the existence of a cut in the legal system, but it is never clear if this cut is made by the interpreter or the legislator; and iii) the immense relevance given to the existence of an axiomatic basis creates the need to take position about who really creates it, if the interpreter or the legislator; position that has not been clearly taken by Bulygin.