Philosophy of law as projectual philosophy

the juridical-philosophical critique in the crisis of utopian thought

Abstract

Contemporary legal-philosophical criticism has predominantly exercised a negative dimension. It has not, however, presented a positive, propositional dimension that offers something new in times of crisis in utopian thinking and the alleged absence of alternatives. It is then proposed to reevaluate how the philosophy of law, as a practical philosophy, when thematizing action, prescribes and offers possibilities for the future. To this end, the concept of conjecture, in Reale, and institutional imagination, in Unger, iwill be examined for the purpose of assembling elements to re-propose philosophizing about law as projectual thinking. It will be concluded that the philosophy of law possesses imaginative potential that can be harnessed to conceive projects for new norms, institutions and societies, reconnecting thought and action.