ON THE NATURE OF PHILOSOPHY OF LAW - 10.12818/P.0304-2340.2017vBIp101

Abstract

The main thesis discussed in this article is that it seems reasonable to argue in favour of a strict and structural connection between philosophy and law, so that philosophy of law – interpreted as a metaphysical questioning on law – is a keycomponent of law and legal knowledge that is not possible to eliminate. This conclusion is reached by reflecting on philosophy, following the explanation given by Enrico Berti, who classifies it as kind of knowledge dialogical, allabsorbing and problematic in its nature, so to be, as Aristotle himself explains, transcendental and undeniable. This same feature is the one that is possible to attribute to dialogue and truth, that are really interrelated and connected with philosophy (and so with philosophy of law): for this reason, also a brief inquiry on the nature of truth, following the explanation given by Franca D’Agostini, is presented in the article, arguing for a realistic and Aristotelian conception of truth.