规范性
认识论
要素(刑法)
理想(伦理)
社会学
哲学
法学
政治学
作者
Giovanni Battista Ratti
出处
期刊:Ragion pratica
日期:2015-01-01
卷期号: (44): 179-200
被引量:1
摘要
The paper examines two conceptions of the legal system - the deductive conception and the interpretive conception - and explores their differences and analogies. In particular, the interpretive and logical treatments they apply to legal standards are analyzed. The paper also argues in favor of conciliating both conceptions, by showing that, when purified of any formalistic element, they are better regarded not as differing reconstructions of the same ideal, but rather as viable reconstructions of diverse ideals concerning different juristic activities: while the former applies to already construed normative systems, whose logical consequences are to be monotonically inferred, the latter mainly bears upon jurists' systematizing activities.
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