Resumo

PRIETO FETIVA, Camilo Humberto. Philosophy of Naturalized Law: Possibility and Refutation. Probl. anu. filos. teor. derecho [online]. 2021, n.15, pp.575-604.  Epub 31-Maio-2022. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2021.15.16133.

One of current problems in legal theory revolves around the methodology to be used. As such, discussions focus on two extremes: i) positions that seek to preserve the traditional method of conceptual analysis, and ii) positions that pursue an interdisciplinary approach, which entails the incorporation of new methods. Point ii) encompasses the so-called naturalized legal philosophy proposed by Leiter, which is in turn based on US legal realism and Quine’s naturalistic perspective while also aiming to raise the standards of empirical validation of jus-philosophical theories.

The main objective of this paper is to clarify conceptual aspects of Brian Leiter’s proposal of a naturalized legal philosophy, as well as to analyze the possible advantages and problems that may arise from its application in the field of legal theory. This paper is divided into three parts: 1) the naturalistic shift in philosophical research and generic approaches of US legal realism, 2) Brian Leiter’s new legal realism and the naturalization of legal theory, and 3) problems and criticism of naturalized legal philosophy.

Palavras-chave : Naturalization of the Philosophy of Law; Predictability of Judicial Decisions; Legal Realism; Naturalism and Empirical Validation.

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