Oh Philosophy! There will be no more sorrow or forgetfulness. A reply to Carlos Montemayor's rationality and reasonableness in legal theory

GUILLERMO LARIGUET

Problema: Anuario de Filosofía y Teoría del Derecho

UNAM, Instituto de Investigaciones Jurídicas

Año: 2015 p. 405 - 421

2007-4387

In this paper I reply to Carlos Montemayor?s work Rationality and Reasonableness in legal theory. I claim that in philosophy in general and that of law in particular, there is certain manner of understanding the analytical orientation which reproduces a theoretical endogamy which I find open to criticism for the many reasons I outline in the text. Likewise, I explain the way in which the phrase legal philosophy reloaded in my work applies to a predominantly normative sense. On the other hand, within a naturalist approach, I distinguish between two versions, one strong, the other weak, to defend why I believe the latter to be more acceptable than the former within the more general context of the defense of conceptual analysis. Finally, I try to defend the importance of literature in philosophical style of conceptual analysis.