Abstract

DE ROSA, Eliana. Analogy and Intelligibility of Law: Limits of John Finnis' Methodological Proposal to Conceptualize Law. Díkaion [online]. 2022, vol.31, n.1, pp.93-119.  Epub June 16, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.1.5.

A central topic of John Finnis' legal theory regarding the conceptualization of law as a social phenomenon is the analogy. This methodological proposal supposes relevant advances in recognizing meeting points between solutions to the concept of law by antagonistic iusphilosophical traditions and their potential link with other practical-normative systems. However, the truth is that this aspect of the Finnis' method requires certain theoretical limits in order not to affect his conceptual scheme systemically. This paper deals with some implications that unlimited use of the analogy carries, confronting it with other significant features of the author's thought and demonstrating how the systematic vocation of his theoretical elaboration can be impacted.

Keywords : Law; John Finnis; analogy; central case; intelligibility.

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