DILEMELE AUTONOMIEI DREPTULUI ÎN MODERNITATEA TÂRZIE
Author(s): Horia Ciurtin
THE DILEMMAS OF LEGAL AUTONOMY IN LATE MODENITY
Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: philosophy of law; postmodernism; autonomy of law; legal positivism.
Summary/Abstract: The dilemmas of legal autonomy in late modenity. The present article seeks to offer a new perspective upon the necessity of thinking and analyzing law philosophically. The main issue addressed by this inquiry refers to the “autonomy” of legal sciences, a long-lasting jurisprudential doctrine perpetuated by legal positivism, which proved to be not only erroneous, but also harmful for the development of law in the light of the postmodern “paradigm shift”. Finally, this study proposes a different type of interaction between philosophy and law, an interdisciplinary field that surpasses iuspositivist and iusnaturalist perspectives, in an attempt to guide law within the labyrinth of contemporary social sciences.
- Issue Year: 59/2014
- Issue No: 1
- Page Range: 49-55
- Page Count: 7
- Language: Romanian