LAW AND PHILOSOPHY: IT IS POSSIBLE TO CONSTRUCT A COHERENT LEGAL THEORY WITHOUT PHILOSOPHICAL REFLECTION?

Abstract

This article discusses the relationship between law and philosophy, especially in view of the possibility of a coherent legal theory without philosophical reflection. It emphasizes the thoughts of philosophy of positivism, of the contemporary liberalism of Ronald Dworkin and classical tradition. It constitutes a qualitative, literature and theoretical research. Therefore, it is normally Hans Kelsen's analysis of the scientific Law, with its concepts in order to introduce the author's defense of positivist legal theory, criticizing the natural law. After, studies the thought of Ronald Dworkin liberalism, to which the law cannot distinguish between values ​​with respect to all valuations with the same consideration and respect. Finally, it discusses the thinking of the classical tradition, for whom the pursuit of virtue must be the main guiding principle of philosophical reflection. In the end, it’s evaluated by the above authors and dialectical confrontation of philosophical traditions, if is possible the building of a coherent legal theory without philosophical reflection.