The recent “fatal attraction” between law and neuroscience involves legal institutions as well as any fundamental categories underlying the legal experience and, in particular, the concept of rule-following. Starting from this perspective, the analysis both of some aspects of the legal realism (more precisely its scandinavian articulation: Hägerström and Ross) and of the recent neuroscientific debate can bea good point of view. On the one hand this comparison highlights the analogies between legal realism and neuroscientific investigation as regards the methodological approach and the topics discussed, on the other the deeply different tehoretical landscape and conceptualization of law emerge.Through the conclusive discussion of any critical issues (deterministic model of law, collective intentionality, legal sanction) raised by the comparison legal-realism-neuroscience, the paper remarks the unavoidable philosophical-legal complexity of the concept of rule-following.
Bombelli, G., Categorie giuridiche, giusrealismo e neuroscienze. Sulla nozione di rule-following, <<TEORIA E CRITICA DELLA REGOLAZIONE SOCIALE>>, 2021; (1): 73-102. [doi:10.7413/19705476039] [http://hdl.handle.net/10807/190742]
Categorie giuridiche, giusrealismo e neuroscienze. Sulla nozione di rule-following
Bombelli, Giovanni
2021
Abstract
The recent “fatal attraction” between law and neuroscience involves legal institutions as well as any fundamental categories underlying the legal experience and, in particular, the concept of rule-following. Starting from this perspective, the analysis both of some aspects of the legal realism (more precisely its scandinavian articulation: Hägerström and Ross) and of the recent neuroscientific debate can bea good point of view. On the one hand this comparison highlights the analogies between legal realism and neuroscientific investigation as regards the methodological approach and the topics discussed, on the other the deeply different tehoretical landscape and conceptualization of law emerge.Through the conclusive discussion of any critical issues (deterministic model of law, collective intentionality, legal sanction) raised by the comparison legal-realism-neuroscience, the paper remarks the unavoidable philosophical-legal complexity of the concept of rule-following.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.