La teoría del derecho como posibilidad. Reflexiones sobre la naturaleza y el concepto de derecho

Abstract

The article critically examines Joseph Raz's approach regarding the distinction between the nature and the concept of law, identifying the epistemic success of legal theory with explaining the essential properties of law and not with determining the meaning of the term ‘law'. It is suggested that the possibility conditions of legal philosophy can be met by conceptual analysis, without renouncing the principles from which the theory of legal positivism as a modern understanding of law was formed.