Search results for "authority"
showing 10 items of 125 documents
Autorità ed eguaglianza nella democrazia deliberativa
2022
Una revisione del concetto di autorità politica e giuridica alla luce della teoria della democrazia deliberativa
Carlos I. Massini Correas Riduzionismo, fatti sociali e normatività del diritto
2013
Contra Raz, su autorità teoriche e pratiche
2018
In this article, I will argument that, against the thought of Raz, theoretical authorities and practical authorities have not the same fundamental structure. In particular, theoretical authorities can be structured according to Raz’s theory or Perry’s theory, while practical authorities are very different.
Pilar Zambrano. PRINCÍPI, RAGIONI E DIRITTI. UN APPROCCIO AL DIRITTO COME DIFFERENZA PRATICA
2013
Pensare e ragionare da giuristi: interpretazione e ragionamento giuridico
2010
The article examines the concept and practice of interpretation in the light of legal reasoning. The authoritative nature of legal reasoning determines the role and methods of interpretative work.
Rule of Recognition, Convention and Obligation. What Shapiro Can Still Learn From Hart’s Mistakes
2012
Shapiro works out a version of legal positivism, taking as its starting point Hart’s practice theory of law. Some serious limits of Hart’s practice theory of norms concern the conception of legal obligation and normativity of law. In this chapter, I analyze the limits of Hart’s conception of legal normativity and I appraise whether the planning theory of law indicates the correct direction for overcoming them. To anticipate the conclusion, my effort is to show that Shapiro replicates Hart’s mistakes on these subject matters. This chapter is divided into three main sections. First, I will present briefly a critical reconstruction of Hart’s conception of normativity, a reconstruction which is…
L’insostenibile leggerezza dell’incertezza del diritto
2020
The paper deals with the structural vagueness of the legal measures enacted by the Italian legislator to manage the Covid-19 pandemic. Can we demand more certain norms? Is personal liberty taken in due account by the legislator? Starting from these and similar questions, the paper proposes a reconstruction of the law and of the underlying legal ideology of contemporary constitutional States.
L’organo straordinario di liquidazione e gli organi di governo del comune consustanziali alla sana gestione: un caso di studio
2022
Without wishing in any way to interfere in the substance of the legislation of local authorities in failure, this work concerns the possible contribution that the Extraordinary Liquidation Body (OSL) can make to the municipal government bodies on the rebalancing of a local authority. The starting point of the research project is the formalization of the declaration of bankruptcy approved by the City Council. Its evolutionary prospects are the measures launched in the context of extraordinary management entrusted to a liquidation body at the same time as the preparation of the hypothesis of permanently-rebalanced budget by the competence of the governing bodies in office. In parallel with th…
ESTUDIOS ANARQUISTAS
2021
Vaccaro reassess the political philosophy of anarchist thought through a series of critical analysis of some concepts and cultural categories that are newly criticezed by contemporary anarchism.
The Foundations of Legal Systems
1995
The most important institution claiming political authority in modern societies is the State and its legal system. Both in legal and in political theory the questions which are traditionally held to be the most fundamental are centered around this claim.