Promoting the rule of rationality over positive law and legal thinking
2021
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The paper makes the following claims. First, the most important problem for contemporary legal philosophy is contrasting the morally disgusting state of the world. Second, qua jurisprudents, the problem must be dealt with indirectly. Third, the indirect way of dealing with the problem requires pursuing the goal of promoting the rule of reason, the dominance of rationality, over law and legal thinking. Fourth, such an overall goal is to be pursued by breaking it down into five more specific goals: namely, promoting the epistemic, methodological, conceptual, instrumental, and substantive rationality of law and/or legal thinking. Fifth, pretentious and idle ways of doing jurisprudence must be put aside.
Кључне речи:
Substantive rationality / Methodological rationality / Instrumental rationality / Epistemic rationality / Conceptual rationalityИзвор:
Anali Pravnog fakulteta u Beogradu, 2021, 69, 4, 785-792Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Chiassoni, Pierluigi PY - 2021 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1832 AB - The paper makes the following claims. First, the most important problem for contemporary legal philosophy is contrasting the morally disgusting state of the world. Second, qua jurisprudents, the problem must be dealt with indirectly. Third, the indirect way of dealing with the problem requires pursuing the goal of promoting the rule of reason, the dominance of rationality, over law and legal thinking. Fourth, such an overall goal is to be pursued by breaking it down into five more specific goals: namely, promoting the epistemic, methodological, conceptual, instrumental, and substantive rationality of law and/or legal thinking. Fifth, pretentious and idle ways of doing jurisprudence must be put aside. T2 - Anali Pravnog fakulteta u Beogradu T1 - Promoting the rule of rationality over positive law and legal thinking EP - 792 IS - 4 SP - 785 VL - 69 DO - 10.51204/Anali_PFBU_21404A UR - conv_3371_6 ER -
@article{ author = "Chiassoni, Pierluigi", year = "2021", abstract = "The paper makes the following claims. First, the most important problem for contemporary legal philosophy is contrasting the morally disgusting state of the world. Second, qua jurisprudents, the problem must be dealt with indirectly. Third, the indirect way of dealing with the problem requires pursuing the goal of promoting the rule of reason, the dominance of rationality, over law and legal thinking. Fourth, such an overall goal is to be pursued by breaking it down into five more specific goals: namely, promoting the epistemic, methodological, conceptual, instrumental, and substantive rationality of law and/or legal thinking. Fifth, pretentious and idle ways of doing jurisprudence must be put aside.", journal = "Anali Pravnog fakulteta u Beogradu", title = "Promoting the rule of rationality over positive law and legal thinking", pages = "792-785", number = "4", volume = "69", doi = "10.51204/Anali_PFBU_21404A", url = "conv_3371_6" }
Chiassoni, P.. (2021). Promoting the rule of rationality over positive law and legal thinking. in Anali Pravnog fakulteta u Beogradu, 69(4), 785-792. https://doi.org/10.51204/Anali_PFBU_21404A conv_3371_6
Chiassoni P. Promoting the rule of rationality over positive law and legal thinking. in Anali Pravnog fakulteta u Beogradu. 2021;69(4):785-792. doi:10.51204/Anali_PFBU_21404A conv_3371_6 .
Chiassoni, Pierluigi, "Promoting the rule of rationality over positive law and legal thinking" in Anali Pravnog fakulteta u Beogradu, 69, no. 4 (2021):785-792, https://doi.org/10.51204/Anali_PFBU_21404A ., conv_3371_6 .