1,721,123 research outputs found
Nomodinamica come teoria procedurale del diritto. Tra normativismo e teoria assiomatica
No full textNomodynamic theories, which describe normative systems as pure
system of normative production's sources, are usually joined to free and
creative character of administrative and judicial authorities's activity. Paradigmatical
example of this should be the Kelsen's theory, according to that
each model of source, as at same time moment of application and moment
of normative production, should be constitutive and voluntaristic. This
paper, on the contrary, aims to sustain the alternative thesis of normativism
as procedural theory of law. The implications of this assumption are two.
Firstly nomodynamic normative systems should be able to warrant a just
least form of rationality'control. Secondly all the subordinate normative
sources, both administrative and judicial authorities, should have a definite
discretion's margin, which should not total fixed by superior normative
sources
Institute, Unterprinzipien und Normen. Eine Neuinterpretation der institutionellen Theorie des Rechts
No full textTeoria dei princìpi e argomentazione giuridica tra solipsismo e pragmatica. Su una nuova interpretazione della teoria del discorso
No full text
Concetto e validità del diritto nei “Lineamenti di filosofia del diritto” di Hegel
No full textThis paper aims to split the Hegel’s Elements of Philosophy of Right according three different logics: the first of practical-general nature; the second of political and legal nature, focused about the concept of recognition and of criminal sanction; and at last the third of legal nature strictly. If the first of this logics changes itself into the attempt to identify the practical-general problem of freedom in the concept of law, at the opposite the other two logics could represent a draft of a validity’s theory of the individually regarded legal norm. In this way, identifying the problem of freedom with the idea of right, Hegel should have guess a basic become distinction in the contemporary general theory of Law, as between Concept and Validity of La
La programmazione delle risorse finanziarie tra princìpio di proporzionalità e responsabilità intergenerazionale
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