Resumo

LLANO ALONSO, Fernando H.. Jon Elster's Non-Formalist Proceduralism and its Impact on Today's Theoretical and Philosophy of Law Discussion. Bol. Mex. Der. Comp. [online]. 2009, vol.42, n.125, pp.881-930. ISSN 2448-4873.

This study tries to make a reinterpretation of legal formalism, according to the proceduralist theories of Jon Elster. Indeed, unlike the original legal formalism, which proposed a neutral and non-ethically evaluative/objective explanation of Law, nowadays there is a new formalistic model which, applied to the proieciion of civil liberties and to proceduralism, represents in fact a reformulation of its traditional axiologic neutrality and, therefore, also an opening to the maieial contents of the Law, as well as a sort of inieraction with the ethically evaluative theories of human behaviour in the legal world.

Palavras-chave : legal formalism; proceduralism; legal positivism.