Analogía e inteligibilidad del derecho: límites de la propuesta metodológica de John Finnis para la conceptualización del fenómeno jurídico
A central topic of John Finnis’ legal theory regarding the conceptualization of law as a social phenomenon is the analogy. This methodological proposal supposes relevant advances in recognizing meeting points between solutions to the concept of law by antagonistic iusphilosophical traditions and the...
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| Format: | Article |
| Language: | Spanish |
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2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8533143 |
| Source: | Díkaion: revista de actualidad jurídica, ISSN 0120-8942, Vol. 31, Nº. 1, 2022, pags. 93-119 |
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| Summary: |
A central topic of John Finnis’ legal theory regarding the conceptualization of law as a social phenomenon is the analogy. This methodological proposal supposes relevant advances in recognizing meeting points between solutions to the concept of law by antagonistic iusphilosophical traditions and their potential link with other practical-normative systems. However, the truth is that this aspect of the Finnis’ method requires certain theoretical limits in order not to affect his conceptual scheme systemically. This paper deals with some implications that unlimited use of the analogy carries, confronting it with other significant features of the author’s thought and demonstrating how the systematic vocation of his theoretical elaboration can be impacted. |
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