The contemporaneity of reductionist theories on the basis of Norberto Bobbio’s legal theory

Authors

  • Grazielly Alessandra Baggenstoss Universidade Federal de Santa Catarina

DOI:

https://doi.org/10.4013/rechtd.2014.62.05

Abstract

This paper presents the connection between Norberto Bobbio’s reductionist theories and the contemporary legal theories that are important for Legal Hermeneutics from the perspective of Bobbio’s Legal Theory. Thus, Natural Law, the legal theory based on the criterion of justice, is improved by Neoconstitucionalism Theory; Legal Positivism, in turn, which claims that validity is central to Legal Theory, is followed by Legal Guarantism; and Legal Realism, finally, which assumes the importance of effectiveness, is the predecessor of the Economic Analysis of Law. These relations show more than the many faces of legal experience, as they also explain the correlation between the main problems of each of those theories.

Keywords: legal theory, legal reductionism, legal hermeneutics.

Author Biography

Grazielly Alessandra Baggenstoss, Universidade Federal de Santa Catarina

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Published

2014-05-16

Issue

Vol. 6 No. 2 (2014): July/September

Section

Articles

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