La necesidad de reconstruir la teoría del derecho mediante una aproximación sociológico-jurídica
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[1] Universidad de Alcalá
Universidad de Alcalá
Alcalá de Henares, España
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- Localización: Sociologia del diritto: Rivista quadrimestrale fondata da Renato Treves, ISSN 0390-0851, Anno 47, nº. 2, 2020, págs. 35-63
- Idioma: español
- Títulos paralelos:
- The need to reconstruct the theory of law through a socio-legal approach
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Resumen
This article seeks to lay the foundations to overcome the rigorous normativism that has frequently been attached to the theory of law, both in theoretical studies and in the teaching of law, mainly by following Kelsen and Hart’s more open-minded models. Thus, the work is based on appreciating the new demands made by a reconstructed theory of law, highlighting its pragmatic functionality. The relevance of sociology of law in relation to the theory of law is analysed for these purposes, drawing the conclusion that the challenge lies in placing the concepts arising from modernity within a novel context guided by the dialogue and interrelationship which are already in place. Therefore, the author believes that law must be understood by starting from the very culture to which it belongs without forgetting the en-dured changes, while at the same time urging for the reconstruction of the theory of law through a socio-legal approach.
