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Emil Lask sul valore scientifico dell'empiria giuridica
No full textMoving from of the role that the Lask’s legal philosophy had since the first half of the twentieth century – in particular thanks to the Radbruch’s recovery – in view of the acknowledgment of dimensional multiplicity of the law and therefore in critical function in regard to kelsensian normativistic monism, the paper aims to focus the notion of legal empiria, and its scientific value, in its three meanings: one methodological, one formal-content and one of material-content. The attention to the determination of the legal content – in other respects, so widespread to the anti-formalism in the Germany of Weimar Age – makes it possible to grasp the specific differences of laskian thought and the role played by legal-philosophical reflections in his maturity. Significant part of such a development is the review of the first volume of Richard Schmidt, Allgemeine Staatslehre, published in 1904, in which the laskian idea of legal empiria clashes with the empiricist, practical and political declination that Schmidt intended to impose on Theory of State
I fondamenti comuni della vita politica. Considerazioni sulla dottrina generale dello Stato di Richard Schmidt
No full textIn this ironic, erudite and sharp review – required by Max Weber, in the first year of his co-editorship of «Archiv» – Lask unflinchingly tackles the weaknesses of the Schmidt’s survey and of his aim: to claim a practical preeminence in the Theory of the State. Master of Hermann Heller and one of the authorities in the subsequent political twisting of the Constitutional Theory, Schmidt is subjected to harsh criticism for his methodological syncretism, for the indefiniteness of his argument and the extreme thoughtlessness with classics and literature. This does not prevent Lask to recognize the usefulness and the acumen of his anthropological and ethnological analysis, as well as the importance of integration between the researches about public law and a closer examination of the administration of justice, besides, a main theme of the dawning Movement of Free Law
El espacio de las Leyes. Para una fenomenologia de la esperiencia juridica
No full textLa relazione si propone di offrire una definizione di spazio giuridico all'interno di un'analisi fenomenologica dell'esperienza
Conviction and Demonstration. Die Beweis der Ausweisbarkeit as Case-Study
No full textThe aim of this essay is twofold: on the one hand, to reconstruct Husserl’s idea of the relationship between demonstration and conviction and to apply the results of this reconstruction to the Beweis der Ausweisbarkeit, in order to ascertain whether it plays a role in the definition of phenomenological transcendental idealism; on the other hand, to contribute to a clarification of the role of demonstration in the logical-philosophical context in which Husserl moved. The essay is divided into five parts. In the first, I will examine three models of demonstration: Brentano’s, Bolzano’s and Nelson’s. In the second part, I will analyse Husserlian definitions of formal and non-formal demonstration. In the third part, I will examine the relationship between the critique of demonstration and rational belief. In the fourth part, I will address the intertwining of motivation theory and the difference between assertion and proposition. In the fifth and final part, I will examine the different formulations of Beweis and give a unified presentation of them. In the conclusion, I will indicate what the paradoxical and metaphysical outcomes of the Beweisen might be and mention three possible, though not exactly painless, solutions
Para una constitucion axiomatica del espacio juridico. Notas sobre E. Garcia Maynez en el contexto de la ciencia y de la filosofia juridicas contemporaneas
No full textLa relazione ha l'obbiettivo di esaminare l'utilizzo filosofico-giuridico della teoria fenomenologica di parte-intero, compiuto da E. Garcia Maynez
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