The volume’s primary purpose is historical and reconstructive, as it seeks to highlight relevant facets of the American realist movement that are often overlooked in legal-philosophical literature. However, the book also pursues a theoretical aim: to demonstrate that the theoretical-methodological approach derived from the American realists remains valuable today. The work is organized into five chapters. The first, introductory in nature, highlights key theses of John Dewey’s instrumentalism that significantly influenced the American realists. Along these same lines, the second chapter focuses on the American realists’ markedly instrumentalist approach to the "concept of law." The third chapter examines the theory of interpretation developed by these realists—specifically, their well-known "extreme skepticism"—demonstrating its enduring utility in providing a satisfactory account of interpretive practice. The fourth chapter addresses certain theses by Max Radin—both interesting and under-explored—regarding interpretation, judicial decisions, and legal science. Finally, the fifth chapter analyzes some fascinating insights from Karl Llewellyn concerning the elusive problem of "legal observance."

EL NEGOCIO DE LA PROFECÍA Ensayos sobre el realismo jurídico americano

Luca Malagoli
2026-01-01

Abstract

The volume’s primary purpose is historical and reconstructive, as it seeks to highlight relevant facets of the American realist movement that are often overlooked in legal-philosophical literature. However, the book also pursues a theoretical aim: to demonstrate that the theoretical-methodological approach derived from the American realists remains valuable today. The work is organized into five chapters. The first, introductory in nature, highlights key theses of John Dewey’s instrumentalism that significantly influenced the American realists. Along these same lines, the second chapter focuses on the American realists’ markedly instrumentalist approach to the "concept of law." The third chapter examines the theory of interpretation developed by these realists—specifically, their well-known "extreme skepticism"—demonstrating its enduring utility in providing a satisfactory account of interpretive practice. The fourth chapter addresses certain theses by Max Radin—both interesting and under-explored—regarding interpretation, judicial decisions, and legal science. Finally, the fifth chapter analyzes some fascinating insights from Karl Llewellyn concerning the elusive problem of "legal observance."
2026
979-13-87545-48-2
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/1320916
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