Santi Romano e l’ordinamento giuridico come unità

Which are the conceptual reasons at the base of Santi Romano’s thesis according to which the legal order “sets itself” as a unity, as an “entity” distinct from the others? What does this “position” mean in Santi Romano? It designates the “fact” that sets the right? Or is it readable according to a d...

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Bibliographic Details
Main Author: Gazzolo, Tommaso
Format: Article
Language:Italian
Published: 2018
Subjects:
law
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6897213
Source:Jura Gentium: Rivista di filosofia del diritto internazionale e della politica globale, ISSN 1826-8269, Vol. 15, Nº. 2, 2018, pags. 115-127
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Summary: Which are the conceptual reasons at the base of Santi Romano’s thesis according to which the legal order “sets itself” as a unity, as an “entity” distinct from the others? What does this “position” mean in Santi Romano? It designates the “fact” that sets the right? Or is it readable according to a different strategy of “self-position” of the law? Starting from this question, we will try to identify the analytical phases that, in L’ordinamento giuridico, concern the time of “position” of the system as a unit, in order to suggest an interpretation that diverges from the idea that Romano’s thought a reduction of the law to the fact.