The paper presents and discusses some themes from Leiter’s famous book Naturalizing Jurisprudence. In particular, it analyzes Leiter’s contentions according to which: 1) American legal realism is a kind of avant la lettre philosophic naturalism applied to legal adjudication; 2) not only is American legal realism compatible with legal positivism, but it also presupposes its exclusive version; 3) one may “complete” the legal realistic account by means of the idea that moral objectivism must be rejected since it postulates entities which do not match the epistemic and ontological requirements set forth by the best scientific theories, the methods thereof, according to naturalism, should also be used by philosophical inquiry.
Verso una teoria del diritto naturalizzata. Note a margine di "Naturalizing Jurisprudence" di Brian Leiter
RATTI, GIOVANNI BATTISTA
2012-01-01
Abstract
The paper presents and discusses some themes from Leiter’s famous book Naturalizing Jurisprudence. In particular, it analyzes Leiter’s contentions according to which: 1) American legal realism is a kind of avant la lettre philosophic naturalism applied to legal adjudication; 2) not only is American legal realism compatible with legal positivism, but it also presupposes its exclusive version; 3) one may “complete” the legal realistic account by means of the idea that moral objectivism must be rejected since it postulates entities which do not match the epistemic and ontological requirements set forth by the best scientific theories, the methods thereof, according to naturalism, should also be used by philosophical inquiry.
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