Abstract

FLORES, Imer B.. (Un)Chaining Prometheus: Is Law an Applicative Model?. Probl. anu. filos. teor. derecho [online]. 2016, n.10, pp.167-191. ISSN 2448-7937.

In this article the author questions whether the law is an applicative or an argumentative model. Hence, he criticizes the idea that mistakenly reduces law and legal education to the teaching-learning of an applicative model, which he characterizes as a-critical, passive and re -creative, and confronts it with an argumentative one, which he conceives as critical, active and creative. For that purpose, he revises, on one side, the critiques that Duncan Kennedy formulated on legal education and its role in the reproduction of hierarchy; and, on the other, the characteristics of the standard theory of legal argumentation, from the classics that distinguished between analytical and dialectical logic and within the latter between topic and rhetoric, to the contemporaries, including the anti-formalist movements.

Keywords : Argumentative Model; Standard Theory of Legal Argumentation; Legal Education; Legal Theory; Legal Methodology; Duncan Kennedy.