Search results for " concept of law"
showing 5 items of 5 documents
Avvocatura, deontologia e concetto di diritto ovvero: perché studiare la deontologia forense fa bene alla filosofia del diritto
2021
The contribution examines the different versions of eliminativism concerning the concept of law (pragmatism, realism and reductivism), and shows that the very practice of law needs to focus on its concept.
Per una filosofia del diritto positivo alternativa al giuspositivismo
2022
The article discusses Francesco Viola’s new book, considered as a philosophy of positive law alternative to legal positivism. The starting point is the classification of his approach as characterized by the thesis of an interpretive connection of law and morals, evident in his itinerary through the three revivals of Natural law in the last century. This kind of connection – possibly shared both by many Natural theories and positivistic positions – leads coherently to the thesis of the conceptual connection, in which justice plays an important role in the con- cept of law. Finally, it is proposed a comment on his important distinction of epistemological, ontological and ideal approaches to t…
Liberty and Equality as the Morality of the Rule of Law
2022
After presenting a schematic map of the concepts at stake (liberty, equality) in so far as they are relevant for the general topic (their relationship with rule of law – from now on RoL), and after examining different forms of their relationships, this entry focuses on the specificity of the relationship between liberty and equality in the legal context. The title suggests that a combination of liberty and equality is the very basis of every legal system inspired by RoL. This circumstance requires the identification of different versions of the idea of RoL.
Il progetto dell'Enlightenment Rule of Law e l'evoluzione del diritto
2019
The article examines Celano's conception of the Rule of Law in order to underline its limits. It identifies the main reason for its limits in the use of the methodology of analytical jurisprudence, that is not able to look at the law as it is: a differentiated phenomenon. The article proposes to look at contemporary law and to rethink the idea of the rule of law accordingly.
Права людини, мир та концепція права. Історія незавершеної юридичної революції
2019
The article examines some central questions regarding the evolution of law in the light of the presence of the practice of protecting human rights, in the domestic and in the international domains. It identifies a shift in the same practice of human rights, visible in the coming back of war as a legitimate mean, and asserts that that shift is a defective reading of the same practice of human rights, connected to the resistance of law to the challenge represented by rights.