0000000001324619
AUTHOR
A Schiavello
showing 5 related works from this author
La scienza giuridica analitica dalla nascita alla crisi
2020
This paper proposes a critical presentation of the analytical approach to legal science. After an introductory paragraph in which a definition of the notions involved (i.e.: «legal science» and «analytical approach») will be offered and some ambiguities affecting the discourses on legal knowldege will be disentangled, the next paragraphs will be devoted to a survey of the main analytical conceptions of legal science. The focus will be in particular on: (1) Alf Ross’s legal realism and his neo-positivistic approach to legal science; (2) Norberto Bobbio and the Italian analytical legal philosophical school, which firmly tie legal science to language analysis; (3) Herbert Hart and the analytic…
Ciò che è vivo del positivismo giuridico
2021
In his latest book Massimo La Torre makes a number of criticisms to legal positivism. Most of them are convincing. In this essay I try to reply to the few I disagree with. In particular, I deal with La Torre’s objections against Hart’s theories on legal interpretation and the internal point of view and against Raz’s theory of legitimate authority. In the last paragraph I outline some ideological reasons for not considering legal positivism entirely dead.