Perché obbedire al diritto? La risposta convenzionalista ed i suoi limiti

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Abstract

[automatically translated] The affirmative answers to the question chosen as the title of the book - Why obey the law? - Belong to three alternatives: a) the normativity of law depends on coercion ( "bandit" model); b) the normativity of law depends on moral grounds ( "model of morality"); c) the normativity of law is independent of both the compulsion both moral reasons and must be reduced to "legal reasons" ( "autonomy model"). The legal conventionalism, that comes with practice theory of norms of Herbert Hart, is one of the autonomy model version. The visual angle from which you look at in this book to the question of normativity of law is precisely that of legal positivism and post-hartiano hartiano, characterized by the so-called "breakthrough conventionalist". The credit for this version of legal positivism is, first, to not have neglected the obligation to issue legal; secondly, to have a proposed explanation of the right obligatory at least in part with respect to the original proposed explanations previously; thirdly, to have attempted to distinguish between the legal obligation respectively moral obligation and compulsion.
Original languageItalian
PublisherEdizioni ETS
Number of pages203
ISBN (Print)978-884672642-1
Publication statusPublished - 2010

Publication series

NameJura-Temi e problemi del diritto

Cite this

Schiavello, A. (2010). Perché obbedire al diritto? La risposta convenzionalista ed i suoi limiti. (Jura-Temi e problemi del diritto). Edizioni ETS.