6533b856fe1ef96bd12b2e3c

RESEARCH PRODUCT

Ragionamento giuridico. Particolarismo. In difesa di un approccio psicologistico

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Legal Reasoning, Particularism: In Defense of a Psychologistic Approach. In this paper I recommend a close examination of the reasons favouring a deep and potentially far reaching reorientation of legal theory, and of the theory of norms and norm-based reasoning and decision-making generally, namely, the adoption of a psychologistic approach (“psychodeontics”). I argue in favour of psychologism - not in the anstract, but - with reference to rwo particular topics: legal reasoning (specifically, the justification of judicial decisions) and the project of a of two-tier (principles v. rules) theory of law, informed by a particularistic conception of practical reasoning. I show that there are aspects of practical reasoning (according to the particulariistic outlook), relating to the rule-exception relationship, that quite naturally lend themselves to an understanding in psychological terms. In contemporary circumstances, I argue in the conclusion, psychologism is the major route to the naturalization of jurisprudence.