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.
Authors
- Juan Iosa (ORCID: https://orcid.org/0000-0001-5590-6043)
Institutions
- Universidad Nacional de Córdoba (AR)
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
- 0.00