Muddle-headed lawyers? A Few Remarks on Brian Leiter’s «Legal Positivism as a Realist Theory of Law»

Authors

  • Luca Malagoli Istituto Tarello per la Filosofia del Diritto,Università degli Studi di Genova

Keywords:

American Legal Realism, pragmatism, functionalism, Felix S. Cohen

Abstract

Commenting and discussing some thesis about American Legal Realism exposed in Brian Leiter’s Legal Positivism as a Realist Theory of Law (2019), the article focuses on two main topics. First, I will try to highlight some connections of American Legal Realists with the philosophical scene of their time and, secondly, I will analyze (briefly) some aspects of Felix Cohen’s functional jurisprudence that are maybe more philosophically interesting than Leiter’s reading might induce to think.

Analisi e diritto, 2/2019

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Published

2020-01-26

Issue

Vol. 19 No. 2 (2019)

Section

Proceedings of the First Civil Law – Common Law Forum in Legal Theory

License

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