Article | Legal Philosophy, Legal Theory — and the Future of Theoretical Legal Thought |
---|---|
Authors |
Varga Cs.
|
Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1 / 2012 |
Pages | 116 - 130 |
Annotation | The article deals with the methodological problems of the philosophical and legal reflection, revealing the trends and prospects of the theoretical legal thought's development due to the social and intellectual changes occurring in the contemporary world. The author examines the transformation in the legal philosophy and theory within last decades, including changes in the subject of theoretical jurisprudence and legal philosophy based on the intellectual and socio-cultural origin. The article illustrates the impact of modern intellectual trends on the ways of legal philosophizing, reducing it to a discourse of reconstruction, the dematerialization of law while such a reconstruction. The author put a question of the possibilities and limits of the modern revival of natural law. The problems of the perspectives of legal positivism are arisen. On this basis, the possibility and necessity of re-integration of values are pointed out. The assuming of unification of societal and intellectual in the legal philosophy in the near future is made. |
Keywords | legal philosophy, legal theory, legal positivism, natural law. |
References | |
Electronic version | Download |