Ratio Juris 27 (1):1-20 (2014)

Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law”. According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on being encompassed within a particular political philosophy. This essay approaches “philosophy in law” from a functional rather than a legitimating perspective, and concludes against both Luhmann and Dworkin that the integration of philosophy in law is interstitial and limited. The consequence of this for law's validity and legitimacy is a likely increase in contestation and contestability. The essay concludes that by embracing pluralism as a philosophy, one can reduce and better manage contestability without ever becoming able to eliminate it.
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DOI 10.1111/raju.2014.27.issue-1
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References found in this work BETA

The Concept of Law.Hla Hart - 1961 - Oxford University Press.
Taking Rights Seriously.Ronald Dworkin (ed.) - 1977 - Duckworth.
Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
Philosophical investigations.Ludwig Wittgenstein & G. E. M. Anscombe - 1953 - Revue Philosophique de la France Et de l'Etranger 161:124-124.
The Morality of Law.Lon Luvois Fuller - 1964 - New Haven: Yale University Press.

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