The recent “fatal attraction” between law and neuroscience involves legal institutions as well as any fundamental categories underlying the legal experience and, in particular, the concept of rule-following. Starting from this perspective, the analysis both of some aspects of the legal realism (more precisely its scandinavian articulation: Hägerström and Ross) and of the recent neuroscientific debate can bea good point of view. On the one hand this comparison highlights the analogies between legal realism and neuroscientific investigation as regards the methodological approach and the topics discussed, on the other the deeply different tehoretical landscape and conceptualization of law emerge.Through the conclusive discussion of any critical issues (deterministic model of law, collective intentionality, legal sanction) raised by the comparison legal-realism-neuroscience, the paper remarks the unavoidable philosophical-legal complexity of the concept of rule-following.
|Titolo tradotto del contributo||[Autom. eng. transl.] Legal categories, legal realism and neuroscience. On the notion of rule-following|
|Numero di pagine||30|
|Rivista||TEORIA E CRITICA DELLA REGOLAZIONE SOCIALE|
|Stato di pubblicazione||Pubblicato - 2021|
- Categorie giuridiche, realismo giuridico, neuroscienza, rule-following
- Legal Categories, Legal Realism, Neuroscience, Rule-following