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Article . 2020 . Peer-reviewed
License: CC BY SA
Data sources: Crossref
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Revus
Article . 2020
License: CC BY SA
Data sources: OpenEdition
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El concepto de derecho como concepto funcional

The concept of law as a functional concept
Authors: Sánchez Brigido, Rodrigo E.;

El concepto de derecho como concepto funcional

Abstract

In her book Positivismo jurídico "interno" Cristina Redondo claims that legal theory can be neutral from a moral point of view. An essential part of her argumentation is based on the criticism of an anti-positivist conception of law developed by Fernando Atria, according to which, since law is a functional concept, no descriptive or morally neutral theory of law can be provided. The essay claims that while Atria's conception of law encounters some difficulties, Redondo's criticism is not conclusive. More importantly, there are two types of natural law theories which also claim that law is a functional concept but which do not face Atria's difficulties. One holds that law is a functional kind and the other claims that the concept of law is a normative-functional concept. The latter type of theory seems particularly suitable for avoiding not only Redondo's criticism but also standard objections from the positivist camp. If this type of theory is correct, a theory cannot be morally neutral.

Keywords

filosofía del derecho; neutralidad; concepto de derecho; conceptos funcionales; positivismo jurídico; Iusnaturalismo, legal theory; neutrality; concept of law; functional concepts; legal positivism; natural law theory

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    influence
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Top 10%
Average
Top 10%
hybrid
Fields of Science
Fields of Science