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Two versions of the legal phenomenon

Authors

  • Esteban Pereira Fredes Profesor Instructor, Facultad de Derecho, Universidad Adolfo Ibáñez. Dirección postal Diagonal Las Torres N° 2640, Peñalolén, Santiago

Abstract

The article examines two understandings of the legal phenomenon: a pre-modern one and a modern one. From the aesthetic reflection on the becoming pictorial, the postulates that identify both perspectives are presented, critically evaluating the appropriateness of recognizing the rupture occurred in the aesthetic realm in legal matters. It is suggested that the distinction in analytical legal theory has an epistemic value, but it is argued that there are some difficulties of implementation in the discussions of the contemporary philosophy of private law.

Keywords:

Legal phenomenon, aesthetic, pre-modernity, modernity, analytical legal theory, philosophy of private law