THE PHILOSOPHY OF LAW:
BETWEEN DESCRIPTION AND PRESCRIPTION
DOI:
https://doi.org/10.7443/problemata.v10i3.37470Keywords:
Philosophy and Theory of Law, Description and prescription, Facts and valuesAbstract
The object of the present article is to examine the distinction within the philosophy and theory of law between a descriptive approach to legal form, that is, as it examines facts, values and norms, of that other, prescriptive one, which deals with how they should be. The problematic is expressed in a problem by which the object will be inquired, namely, whether the transposition of the world of facts into that of values, without justification, it is possible or whether the humean razor is still methodologically appropriate for the examination of the legal form. The hypothesis, reiterated in independent research by both the author and the co-author, points to its being methodologically more effective in making philosophy of law treat this object as it really is, and not as it should be, even if, in a specific field of moral philosophy, it may be treated prescriptively, but at the cost of examining its being, which can only be done in a philosophically descriptive approach.
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