An unavoidable classic of Critica Juridica's Methodology

Book: Correas, Oscar (2006) [1986]. Introducción a la crítica del derecho moderno (Esbozo). Fontamara.

Authors

  • Daniel Sandoval-Cervantes Departamento de Estudios Institucionales, UAM-C / ANEICJ

DOI:

https://doi.org/10.52729/npricj.v3i6.41

Abstract

In this review we once again place in the discussion one of the first books by Oscar Correas, considering that, despite being one of his first works, it has not lost its validity, but, on the contrary, it is perhaps more relevant today than ever to understand law and society capitalist of our century, as well as to envision horizons for its destruction and for the construction of a different society. The book offers us, from a general perspective, a critique of the dominant legal theory - especially the Kelsenian positivist, though not only—, based on an in-depth critique of its limitations, particularly political ones. By On the other hand, it offers us an important methodological vein when analyzing the articulation between the contradictions of the different moments of capital accumulation and its intertwining with the different levels of the legal, thus demystifying the unity and internal coherence of the Law, built by legal theory, especially positivism.

Published

2021-08-01 — Updated on 2020-01-01