Review article
https://doi.org/10.31141/zrpfs.2020.57.137.829
Genoese school of legal realism
Marin Keršić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
This paper presents some fundamental ideas of Genoese legal realism, a school of thought that emerged in the second half of the 20th century, and its most prominent members. The paper aims to point out the relevance of certain contemporary ideas in the Italian theory of law for Croatian legal science and their practical implications. Structurally, the paper first outlines the characteristics of legal realism in general (Scandinavian and American legal realism), and then the characteristics of Genoese legal realism as one of its variants. Representatives of the school discussed in the paper are Giovanni Tarello, Riccardo Guastini, Paolo Comanducci, Mauro Barberis, Pierluigi Chiassoni and Giovanni Battista Ratti, while the following is discussed in the paper: the idea of the central role of interpretation and the ambiguity of the term; a list of 15 arguments that can (or should) serve as a tool for interpreters; characteristics and differentiation of rules and principles (as two types of norms); interpretation and method of application of constitutional principles; implicit (tacit) norms; antinomies and criteria for resolving conflicts that arise between the criteria for resolving conflicts between antinomies; the application of logic in law through the application of set theory and the notion of defeasibility.
Keywords
Italian legal theory; legal realism; legal norm; interpretation; antinomies
Hrčak ID:
242479
URI
Publication date:
12.8.2020.
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