Il diritto tra fonte e fondamento
This essay highlights that issues related to the sources of the law–especially in connection with their production–is normally considered immanent to the juridical order, by (positive-) law theorists. In other words, it could only be address from within the system, which should be seen as necessaril...
Saved in:
Main Author: | |
---|---|
Format: | Article |
Language: | Italian |
Published: |
2013
|
Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5638991 |
Source: | Revista Derecho Público Iberoamericano, ISSN 0719-2959, Nº. 3, 2013, pags. 191-200 |
Tags: |
Add Tag
No Tags: Be the first to tag this record
|
Summary: |
This essay highlights that issues related to the sources of the law–especially in connection with their production–is normally considered immanent to the juridical order, by (positive-) law theorists. In other words, it could only be address from within the system, which should be seen as necessarily closed and absolutely self-referential. In this way, the issue of the foundation, which is posted by the juridical order itself, is altogether bypassed. The essay suggests that the expression ‘sources of the law’ is improper. Law, indeed, calls for a foundation, which can only be offered by justice |
---|