The Swan Song. Jorge Rodríguez and the Analytic Tradition

Abstract

The subject of this intervention is the analytical approach adopted by Jorge Rodríguez from the title of his Teoría analítica del derecho (2021): an approach typical of the Buenos Aires School and the Genoa School too, at least since the meeting of the one with the other. This authentic tradition of investigation is here object of external but not alien criticism, brought by another tradition that could be termed as post-analytic, and that for simplicity I will call legal evolutionism. In particular, four representative theses of the Argentine-Genoese tradition are made explicit: normativism, ethical non-cognitivism, theories of the legal system and of interpretation. For each of such theses the alternatives that legal evolutionism could propose are imagined, and with them a greater openness of the Argentine-Genoese and other analytic traditions to empirical sciences and normative doctrines.