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Il pensiero giuridico di Kelsen: normativismo e diritto privato
Kelsen's juridical thinking: normativism and private law
[journal article]
Abstract The paper takes into account a feature of Hans Kelsen's juridical thinking that has been so far rather underestimated: the weight of normativism on his theory of private law. The author closely connects Kelsen's critical approach to the notion of subjective right and further relates the legal norms ... view more
The paper takes into account a feature of Hans Kelsen's juridical thinking that has been so far rather underestimated: the weight of normativism on his theory of private law. The author closely connects Kelsen's critical approach to the notion of subjective right and further relates the legal norms to the institutions of the market economy. The interepretative assumptions of Kelsen are constantly confronted with the theoretical background that propelled the development of the modern constitutional state based on the rule of law.... view less
Keywords
normativity; economy; law; private law; natural law; standard; decision; market economy; constitutional state; legal norm
Classification
Political System, Constitution, Government
Law
Document language
Italian
Publication Year
2010
Page/Pages
p. 709-787
Journal
Studia Politica: Romanian Political Science Review, 10 (2010) 4
ISSN
1582-4551
Status
Published Version; peer reviewed
Licence
Creative Commons - Attribution-Noncommercial-No Derivative Works