出版社：Faculdade de Filosofia e Ciências Humanas, Pontifícia Universidade Católica do Rio Grande do Sul
摘要：In the debate between the Historische Rechtschule (Hugo and Savigny) and Hegel about who is legitimately entitled to develop legal theory, the former considered philosophy of law to be inherent to systematic science of law, whereas the latter considered the concept of Law in a necessary transdisciplinary dialectic – there would then be a difference between ‘the jurists’ philosophy of law’ and ‘the philosophers’ philosophy of law’. I will demonstrate that such distinction cannot stand. A ‘jurists’ philosophy of law’ does not exist precisely because legal norms and their application are merely one of the law’s moments. The law’s attitude is one of inclusion: philosophy of law’s disciplinary autonomy occurs in the law’s interdisciplinary immanence.
关键词：Hugo. Savigny. Hegel. Philosophy of Law. Autonomy. Interdisciplinarity.
