Journal title SOCIOLOGIA DEL DIRITTO
Author/s M. Isabel Garrido Gómez
Publishing Year 2020 Issue 2020/2 Language Spanish
Pages 29 P. 35-63 File size 347 KB
DOI is like a bar code for intellectual property: to have more infomation click here
Below, you can see the article first page
If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits
FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.
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.
Keywords: Classical theory of law - Reconstructed theory of law - Sociology of law - Socio-legal approach
M. Isabel Garrido Gómez, La necesidad de reconstruir la teoría del derecho mediante una aproximación sociológico-jurídica in "SOCIOLOGIA DEL DIRITTO " 2/2020, pp 35-63, DOI: 10.3280/SD2020-002002