On the Agenda, Tone and appropiate degree of Abstraction at this age of Philosophy of Law.

I will maintain here that a theory of law that aspires to fully understand its object must articulate two degrees of abstraction. It must, on the one hand, be a general theory: account for the necessary properties of every right, of every legal practice, to be such. But given the superficial, i.e., highly abstract, character of the approach and concepts of the general theory, it by itself is insufficient. For this reason, it must be complemented with a special theory that captures the specificities of each legal practice and especially those of the one within which it is stated; In particular, they must be able to identify the meaning of the practices in question. Finally, it must connect both levels: understand the logic of the mutation of one legal practice into another, the transformation of legal culture, in order to account for both continuity and difference, for what is common to all. the practices as well as the specifics of each one.

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Publication Details

Journal
Revista latinoamericana de filosofía política.
Published
2025-01-15
DOI
https://doi.org/10.36446/rlfp185
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
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article

On the Agenda, Tone and appropiate degree of Abstraction at this age of Philosophy of Law.

Juan Iosa
Revista latinoamericana de filosofía política.
Legal principles and applications
article

On the Agenda, Tone and appropiate degree of Abstraction at this age of Philosophy of Law.

Juan Iosa
article en

Abstract

I will maintain here that a theory of law that aspires to fully understand its object must articulate two degrees of abstraction. It must, on the one hand, be a general theory: account for the necessary properties of every right, of every legal practice, to be such. But given the superficial, i.e., highly abstract, character of the approach and concepts of the general theory, it by itself is insufficient. For this reason, it must be complemented with a special theory that captures the specificities of each legal practice and especially those of the one within which it is stated; In particular, they must be able to identify the meaning of the practices in question. Finally, it must connect both levels: understand the logic of the mutation of one legal practice into another, the transformation of legal culture, in order to account for both continuity and difference, for what is common to all. the practices as well as the specifics of each one.

Revista latinoamericana de filosofía política.
Universidad Nacional de Córdoba (AR)
Openalex Percentile: Top 94%
Legal principles and applications
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