Resumo

GARCIA SARUBBI, David. A Side Effect of Dworkin's Theory: The Improvement of Positivism. Probl. anu. filos. teor. derecho [online]. 2014, n.8, pp.307-352. ISSN 2448-7937.

It is not controversial to claim that Dworkin has founded a legal tradition that challenges mainstream positivism. Based upon renewed premises, his aim is to articulate a legal philosophy different from prior Natural Law Theory that shows a conceptual link between law and moral reasoning. The purpose of this paper is to redirect Dworkin's theory to an unlikely wanted spot for him: the renewal of positivism with its main goal to separate both realms (law and morality). The strategy is to make a chirurgical intervention: to transplant concepts from Dworkin's work to positivism, and try to get a compatibility relationship. There is a broad disagreement among legal positivists about this possibility, and there is at least one branch not interested in confronting Dworkin's theory; thus, this article endorses the kind of positivism that could benefit from this operation, a non-casual positivism linked to an ideal of the rule of law. The goal of this paper is to test this complicated transplantation.

Palavras-chave : Legal Positivism; Moral Reasoning; Rule of Law; Legal Methodology; Dworkin; Ronald M.

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