Law and economics and Law and Literature: alternatives to the current challenges of legal philosophy

Abstract

Contemporary Philosophy of Law poses important challenges, which according to Carla Faralli can be systematized in two. On the one hand, openness to facts; and on the other openness to political and ethical values. The traditional conversation between iusnaturalism & positivism & legal realism seems to have been overcome, especially after Hart's work. And in this period, it is certain that the consequences of legal realism have led to ways of proposing the concept, application and interpretation of law that are more in line with reality.

In this sense, the opening to economics, led by Law and Economics; the open critique of Law and Economics carried out by the Critical legal studies movement; and the arguments of Law and Literature offer important alternatives, which are analyzed in this paper.