Luigi Ferrajoli

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

  • Abstract

Informations and abstract

Keywords: General Theory of Law, Axiomatic Method, Normativity of Legal Theory, Entrenched Constitutionalism, Fundamental Rights.

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.

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