On November 8th at 15:00 an open seminar will be held at the Centre for Independent Social Research by Maria Isabel Narváez Mora on ‘The Rules from an Empirical Perspective: Some paradigmatic problems‘.
In this presentation I hold that some methodological assumptions in ‘rules’ studies are the source of the very problems these studies face. In particular, that is the case of an empiricist conception guiding the analytical tradition of legal theory and legal philosophy: the methodological considerations are seen in that paradigm as theoretical. This should alert us of the tensions this tradition encloses. Thus, it is understood that among the more prevalent theoretical difficulties we must face the ‘problem’ of normativity. Generically this ‘problem’ is described as the urge to find a location of the normative in a natural world. However, substantive concerns as diverse as the establishment of the sources of morality or the possibility of talking about justified impositions in case of social conflicts are at stake. My aim is to show which assumptions (of conception, conceptual, or paradigm) generate and perpetuate this situation.
Dr. Maria Isabel Narvaez Mora is professor of philosophy of law at The Department of Private Law in the Universitat de Girona (Catalunya). Her main research interests include critical legal studies, Wittgenstein philosophy on law and studies of the fear of crime. She has also contributed in development of theoretical relations between neuroscience and law.