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- Title
TEORIA DEL DIRITTO E PUNTO DI VISTA INTERNO. SVILUPPI E RIPENSAMENTI.
- Authors
La Torre, Massimo
- Abstract
The article sets out to elaborate on the so-called internal point of view and its reception in contemporary legal theory. Originally proposed by Herbert Hart, the "internal" approach has not met with unanimous approval from legal philosophers, in spite of a hopeful start. Many developments in jurisprudence since Hart are openly hostile, beginning with Joseph Raz and his school. As a matter of fact, the "internal" approach (the one taken by a participant in legal practice, not by the bystander) seems to conflict with the neutrality expected of legal scholars by legal positivism. In Italy, this reconsideration of the role of the internal perspective is found in the impressive and ambitious work of Luigi Ferrajoli, whose "axiomatic" methodology is decidedly impracticable for the participant in legal practice and only seems to be possible from the vantage point of a detached, impassive observer. These are the issues that the article sets out to discuss.
- Subjects
PHILOSOPHERS; AXIOMATIC design; JURISPRUDENCE; RAZ, Joseph; FERRAJOLI, Luigi
- Publication
Sociologia del Diritto, 2012, Vol 39, Issue 3, p7
- ISSN
0390-0851
- Publication type
Article
- DOI
10.3280/sd2012-003001