Nomodynamic theories use to describe legal systems as simple systems of legal sources and therefore are usually associated to free and creative character of their activity. It’s paradigmatical example of this Kelsen’s theory, according which all the sources would like to be basically voluntaristic. Here, on the contrary, moving from the analysis and the discussion of Kelsenʼs interpretation from Ferrajoli, which refuses with remarkable theoretical insight the thesis of the incompatibility between normativism and logic, one will attempt to demonstrate the alternative thesis of the normativism as procedural theory of law. As such, therefore it would like to be able to warrant a however little check of rationality or, better, of reasonableness.
Nomodynamik als prozedurale Rechtstheorie. Zwischen Normativismus und Ferrajolis axiomatischer Theorie
Di Carlo
2025-01-01
Abstract
Nomodynamic theories use to describe legal systems as simple systems of legal sources and therefore are usually associated to free and creative character of their activity. It’s paradigmatical example of this Kelsen’s theory, according which all the sources would like to be basically voluntaristic. Here, on the contrary, moving from the analysis and the discussion of Kelsenʼs interpretation from Ferrajoli, which refuses with remarkable theoretical insight the thesis of the incompatibility between normativism and logic, one will attempt to demonstrate the alternative thesis of the normativism as procedural theory of law. As such, therefore it would like to be able to warrant a however little check of rationality or, better, of reasonableness.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
