LEGAL POSITIVISM AND ANALYTIC PHILOSOPHY

Abstract

In this paper the relationship between two very influential trends of thinking are analyzed: legal positivism and logical positivism. Even though it is defended that the origin of legal positivism does not arise from philosophical positivism, it is showed how the ideas of Vienna Circle affect the theoretical reflection about the law. Firstly, the influence which exercises on Kelsen’s Pure Theory of Law, who coincided in Vienna with the members of the Circle, without counting as a member. Secondly, how the evolution of analytical philosophy is projected to legal philosophy: from the rejection of metaphysics and practical reason, focusing on the problems of logical structure and analysis of language, to the rehabilitation of practical and metaphysical issues in the present days