The General Theory of Law: on Its Subject, Its Method and Its Function.

被引：7

作者：

Ferrajoli, Luigi ^{[1
]}

机构：

[1] Univ Roma Tre, Fac Giurisprudenza, Via Ostiense 161, I-00145 Rome, Italy

来源：

RIVISTA DI FILOSOFIA DEL DIRITTO-JOURNAL OF LEGAL PHILOSOPHY | 2012年 / 1卷 / 02期

关键词：

General Theory of Law; Axiomatic Method; Normativity of Legal Theory; Entrenched Constitutionalism; Fundamental Rights;

D O I：

10.4477/38860

中图分类号：

B [哲学、宗教];

学科分类号：

01 ; 0101 ;

摘要：

What is the law of a given legal order? What is the law for and what does justify it? How does the law work in practice? Under what conditions is human behavior a legal act? Legal theory, due to its formal nature, presents these several questions with a common language and system of concepts, which allow us to thematize the connections of conformity or non-conformity, consistency or inconsistency between the different normative levels and to outline both the problems they generate and their solutions. For this purpose, according to the author, it is necessary to clarify the status of legal theory, explaining its subject, method, and function.

引用

页码：229 / 251

页数：23