This paper presents a discussion about the socially constituted and constitutive character of law. At first, I will try to explain what this constitutive or metaphysical determination relationship consists of. In particular, I will dwell on the type of constitutive explanation that rests on this kind of relationship. Later, I will concentrate on the metaphysical thesis of legal positivism according to which the existence and the contents of law are determined by social sources. Finally, I will refer to how the law constitutes itself and other social results. In this sense, I will connect the thesis of the social sources with an additional one referring to the social fruits that the law contributes to produce
La tesis de las 'fuentes' y los 'frutos' sociales del derecho.Un diálogo entre la metafísica analítica y la teoría de los sistemas jurídicos
REDONDO NATELLA, MARIA CRISTINA
2020-01-01
Abstract
This paper presents a discussion about the socially constituted and constitutive character of law. At first, I will try to explain what this constitutive or metaphysical determination relationship consists of. In particular, I will dwell on the type of constitutive explanation that rests on this kind of relationship. Later, I will concentrate on the metaphysical thesis of legal positivism according to which the existence and the contents of law are determined by social sources. Finally, I will refer to how the law constitutes itself and other social results. In this sense, I will connect the thesis of the social sources with an additional one referring to the social fruits that the law contributes to produce
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