Knowledge, Evaluation and Interpretation in an Evolutionary Theory of Law
- ISSN: 1126-5779
- Revista: ANALISI E DIRITTO
- Número: 2010
- Fecha de publicación: 1 de Enero de 2010
An evolutionary theory of law is a version of methodological legal positivism wich focuses on unintended effects of human action in law. As to the questions of legal methodology, such a theory could propose three theses. First, a true wertfrei theory of law is possible, but only by abstracting from methodological, technical and moral evaluations it must presuppose. Second, different legal theories could advance different cognitive definitions of law, but not a normative one, which would be only a genuine evaluation. Finally, legal dogmatics is different from true legal theory because its subject matter are particular legal system, but
above all because it requires interpretation: i. e. a soft normative activity, albeit not a full-fledged normative one.
