Shapiro's Normative Planning Theory

Abstract

This text aims to present the main characteristics of the Normative Planning Theory developed by Scott J. Shapiro in the work Legality, pointing out possible convergences and divergences concerning the classical models of legal positivism developed by Kelsen, Hart, and Bobbio. The research problem concerns the broad discussion in the philosophy of law field regarding the theory identification with greater fidelity in describing the legal phenomenon and, notably, with higher normative potential, especially considering the function of law. In this problematic context, the hypothesis under discussion is to assess whether Shapiro's proposition presents theoretical advances over the classical developments of legal positivism attributed to the authors mentioned above. In conclusion, theoretical aspects were pointed out to indicate the classification of Shapiro's theory as a post-positivist proposition of a culturalist nature, notably when presenting points of connection between law and morality, instead of the intention of fitting it into the exclusive non-formalist legal positivism model, recommending future investigations on this point. According to the above, it is clear that this article is strictly linked to the research line Constitutional Principles, Legal Policy and Artificial Intelligence (Doctorate) of the Postgraduate Program in Legal Science at the University of Vale do Itajaí (Univali). Regarding the methodology used, it is worth highlighting that the inductive method was used in the research phase, the Cartesian method in the data processing phase, and the final text was composed on a deductive logical basis. Referent, category, operational concept, and bibliographic research techniques were used in the various phases of the study.