Search results for "law and force."
showing 3 items of 3 documents
Introduzione. Le cliniche legali: una prospettiva filosofico-giuridica
2019
Does a clinical legal approach tell us something interesting about the nature and the concept of law? This is the main question that this focus will try to answer in affirmative terms. This is a question of legal epistemology that seems not to be so interesting for clinical jurists. Indeed, clinical jurists above all emphasize the importance of legal clinics from the viewpoint of education and social justice, but neglect the contribution that a clinical legal method can offer with respect to the knowledge of law. The papers included in this focus face, from a legal philosophical perspective, each in its own way, the phenomenon of legal clinic approach, which it is spreading in Italy since a…
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.
Vulnerabilità, concetto di diritto e approccio clinico-legale
2019
Does a clinical legal approach tell us something interesting about the nature and the concept of law? Is it possible to re-think the relationship between law and morals starting from the legal clinics experience? Is the juxtaposition between doctors and jurists convincing? These are the main questions that will be addressed here. They are questions concerning legal epistemology and legal philosophy in the strict sense that seems not to be so interesting for clinical jurists. Indeed, clinical jurists above all emphasize the importance of legal clinics from the viewpoint of education and social justice, but neglect the contribution that a clinical legal method can offer with respect to the kn…