Structure and function: philosophy of law as social theory

Abstract

As reflective knowledge, philosophy contemplates and discusses about a present and practical world. That’s why it always refers to a social reality. Therefore, its subjects are also subjects of the society and it is convenient to frame philosophy of law in a general theory of society. In order to define the character of this discipline, it can be useful the distinction between structural analysis (legal theory) and functional analysis (philosophy of law). The relevance of the first one is consequence of the necessary superposition of all legal system with the social aspect, which does not prevent that it can organize its own mechanisms of self-determining and selfregulation. The second one works on the social being of law where the analysis material is the society itself, it means, the whole social relations where law connects with as another factor, determining and being determined by them.