1,721,245 research outputs found
«Constitucionalismo»: problemas de definición y tipología
No full textThe author analyses and criticises the Ferrajoli’s definition of “constitutionalism” and his typology of constitutionalisms. He maintains the opportunity of distinguishing among constitutionalism as a theory, as a methodology and as an ideology
E se smettessimo di parlare di “scienza giuridica”?
No full textThe Author initially proposes to abandon the use of the ambiguous and persuasive expression “legal science” and to replace it with “legal theory” and “legal doctrine”. The first expression denotes knowledge and explanation of law
in general, the second one denotes knowledge, interpretation, systematization and production of norms, with reference to a specific legal system. The Author afterwards presents some short answers to the following questions: a) What does
legal doctrine know? b) How does legal doctrine know? c) What is knowledge of legal doctrine for
La indeterminación del derecho: una cuestión de grado
No full textThe author criticizes Rodríguez’s position on legal interpretation, emphasizing
four issues: 1) the sources of indeterminacy of law; 2) the idea of correct interpretation; 3) the relevance of the context in legal interpretation; 4) the limited usefulness of the classification of interpretation theories
Sostiene Carusi
No full textThe author presents and critically discusses some aspects of Donato Carusi’s last book, L’ordine naturale delle cose. Particularly, he analyses the first chapter of the book, which reconstructs, from an historical perspective, the ideas of «natural order» in legal thought, and the sixth chapter, which maintains several interesting theses about the role of statutes and legal interpretation
Tocqueville, la democrazia e il dispotismo
No full textThe author shortly presents the contents of Volpi’s important book on Tocqueville’s political thought, and particularly on the asserted inescapable link between democracy and despotism. He then realizes some critical observations on three themes: Volpi’s historiographical method; the method and status of Tocqueville’s political discourse; the interpretation of Montesquieu
Una morale basata sui diritti
No full textThe article reconstructs a piece of Francesco Viola’s thought concerning the so called «rights based morality». Viola’s enquiry proceeds in three steps. First, the determination of three cultural facts: moral rights are the éndoxa of our time; contemporary societies are pluralist; the number of human rights is more and more increasing. Second, the position of a problem: human rights are accepted universally, but they have elusive and ambiguous formulations; if we make the rights more determined, they loss universality. Third, the presentation of an analysis concerning the current rights based morality, which is shaped by Viola as a complex social practice, intrinsically different from traditional ethical doctrines. The author presents some critical observations about Viola’s analysis, particularly from a methodological point of view
El argumento de la creencia moral
No full textThe author presents and analyses the Caracciolo's moral belief argument against ethical objectivis
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