Valeria Marcenò

A 'Redefinition' of the Theory of the Validity of Law according to Luigi Ferrajoli

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The writing deals with the following matters: Luigi Ferrajoli's theory of validity: unlawful law; a reply to the normative fallacy: overcoming Kelsen's oxymoron through the dissociation in law of validity and force; what determines the belonging of a rule to the legal system?; the endemic contradictoriness between normative provisions: physiological (and not pathological) flaws of the legal system; holes in the net: 'structural' antinomies and gaps; the non-presumption of the validity of laws: validity and effectiveness between synchronic effects and diachronic effects; 'the guarantees of regularity': whose duty is it to fill the gaps or to cancel the antinomies?

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