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Sistema giuridico e sistemazione del diritto : dottorato di ricerca in filosofia del diritto : tesi di dottorato di ricerca

Ratti, Giovanni Battista

Tesi o dissertazioni - 2006

The thesis deals with the concepts of a legal system and legal systematization. The first part of the thesis is committed to reviewing and analyzing the several theories which conceive of law as a legal system (or as a legal order) put forward during the twentieth century. The foundationalist approaches of Kelsen, Hart and Raz, after being attentively scrutinized, are rejected. As is rejected the coherentist approach of Ronald Dworkin. This rejection is due to the shortcomings of the two models, which try to explicate law in terms of a unique and general system. Contrary to this view, a microsystemic approach is suggested and developed. If one wants to conceives of law as a system, one must turn to the coherent and complete micro-systems created by legal dogmatics in solving legal problems (i.e. legal systematization). This theoretical proposal is the foundation of the thesis second part, where a meta-jurisprudential theory is elaborated, by analyzing the operations commonly carried out by jurists in building law as a set of micro-systems [...]
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USMS7@Archivio Tesi di dottorato

Archivio Tesi di dottorato

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D. 2006 0127 /1-2
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