Philosophy in Law? A Legal-Philosophical Inquiry
Publication Date
3-2014
Journal
Ratio Juris
Abstract
The article explores the role of philosophy within legal systems, challenging both Luhmann's autopoietic theory of law as a normatively closed system and Dworkin's assertion that law must derive from political philosophy. It argues that philosophy's integration into law is interstitial and limited, leading to increased contestability of legal validity and legitimacy. The article concludes that embracing pluralism can help manage, though not eliminate, such contestability.
Volume
27
Issue
1
First Page
1
Last Page
20
Publisher
John Wiley & Sons
DOI
https://doi.org/10.1111/raju.12031
Disciplines
Jurisprudence | Law | Natural Law
Recommended Citation
Michel Rosenfeld,
Philosophy in Law? A Legal-Philosophical Inquiry,
27
Ratio Juris
1
(2014).
https://doi.org/10.1111/raju.12031
