Vol 19 No 2 (2019)
Proceedings of the First Civil Law – Common Law Forum in Legal Theory

Muddle-headed lawyers? A Few Remarks on Brian Leiter’s «Legal Positivism as a Realist Theory of Law»

Luca Malagoli
Analisi e diritto, 2/2019
Published January 26, 2020
Keywords
  • American Legal Realism,
  • pragmatism,
  • functionalism,
  • Felix S. Cohen

Abstract

Commenting and discussing some thesis about American Legal Realism exposed in Brian Leiter’s Legal Positivism as a Realist Theory of Law (2019), the article focuses on two main topics. First, I will try to highlight some connections of American Legal Realists with the philosophical scene of their time and, secondly, I will analyze (briefly) some aspects of Felix Cohen’s functional jurisprudence that are maybe more philosophically interesting than Leiter’s reading might induce to think.