Sulla crisi del positivismo giuridico. A partire da Massimo La Torre

If a legal system can be obeied as it’s lawful, then it’s comes out at once the impossibility to respect legal norms only for the fact, that these rules are positive enacted rules. The followed strategy by the author is to show, as the positivistic pattern has gone in crisis on account of problematic unresolved aspects, which are hold in its inside. The author therefore doesn’t sustain a necessary connection between law and a some morals, but the necessity of a connection between law and a morals generally. By a historical point of view this crisis of positivism, which begun in Anglo-Saxon area with some problematic aspects of Hart’s theory, it finds a mirror image in the crisis of italian legal positivism, of which all the representatives have after all admitted the necessity, to don’t reduce law only at legal norms, but also to admit the presence of principles und values inside to activity of jurists.