Ciò che è vivo del positivismo giuridico

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Abstract

In his latest book Massimo La Torre makes a number of criticisms to legal positivism. Most of them are convincing. In this essay I try to reply to the few I disagree with. In particular, I deal with La Torre’s objections against Hart’s theories on legal interpretation and the internal point of view and against Raz’s theory of legitimate authority. In the last paragraph I outline some ideological reasons for not considering legal positivism entirely dead.
Original languageItalian
Pages (from-to)117-125
Number of pages9
JournalNotizie di Politeia
VolumeXXXVII
Publication statusPublished - 2021

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