The refutation of Dworkin to the skepticism as to pretensions juridically tutored

• Autor(a) principal: Verbicaro, Loiane Prado
• Data de Publicação: 2017
• Outros Autores: Rodrigues, Isabelle de Assunção
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/3463
• topic: Judicial Acting; Legal Pragmatism; Richard Posner; Ronald Dworkin; Law as Integrity.; Filosofia do Direito; Atuação Judicial; Pragmatismo Jurídico; Richard Posner; Direito como Integridade; Ronald Dworkin.

This article is a result of scientific research conducted about a theory belonging to the field of Philosophy of Law entitled Legal Pragmatism, specifically as to its main characteristics about the judicial acting from the perspective of the indoctrinator and US judge Richard Posner as well as the criticism made by the also philosopher of law Ronald Dworkin on some aspects of the thought of Posner, especially the aspect of skepticism as to pretensions juridically tutored. In addition, it presents the solution developed by Dworkin for what he believes are inconsistencies presents in the Legal Pragmatism of Posner, that would be the law as integrity. Analyzes of THE theoretical way the thought of these two authors, both appropriating some of his major works which focus on the judicial acting. Considers, lastly, that Dworkin does not ignore the Legal Pragmatism as a whole, having succeeded in extracting the best aspects of this theory in order to reach a solution that, in his view, would be more consistent and complete to legal practice.