Legal Planning and its Functions
DOI:
https://doi.org/10.52292/j.dsc.2017.2586Keywords:
Planning Theory, Legality, Internal Explanation, Functional ExplanationAbstract
In this article, it is argued that the planning theory advocated by Scott Shapiro in his book Legality presents a mixed explanation of the legal phenomenon. On the one hand, it aims to unravel the nature of law, through a conceptual analysis that faithfully portraits the internal point of view. On the other hand, Shapiro proposes a functional explanation of the law that transcends the perspective of their participants. Both explanations illuminate different aspects of the legal practice and, therefore, are complementary.
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