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...

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Bibliographic Details
Main Author: Castellano, Danilo
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
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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