6533b872fe1ef96bd12d341e
RESEARCH PRODUCT
Ciò che è vivo del positivismo giuridico
A Schiavellosubject
legitimate authoritySettore IUS/20 - Filosofia Del DirittoLegal positivismlegal interpretationlaw and moralityinternal point of viewlaw and force.description
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.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2021-01-01 |