EPISTEMOLOGICAL TENSION BETWEEN THE PHILOSOPHY OF LAW AND LEGAL THEORY. TOWARDS A CRITICAL THEORY OF LAW

This paper illustrates the difference has to be made between the philosophy of law, from a philosophical tradition, and legal theory, based on a legal tradition. It shows the decomposition process that suffers the philosophy of law with legal positivism and consolidation of legal theory from it. The theory of justice Rawls and Habermas's discourse theory rethink the status of both disciplines to acclimate the consolidation of a critical theory of law where philosophy of law, legal theory and even legal sociology can complement each other.