Il relativismo ricostruito. Un'analisi della filosofia del diritto di Gustav Radbruch
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Keywords
- This paper aims at a reconstruction of Radbruchâ€
- ™
- s relativistic conception of law within the framework of a model of principles. The idea of relativism remains a disputed issue in current legal and moral philosophy. In spite of the fact that Radbruchâ€
- ™
- s legal philosophy lacks coherence
- it includes elements that resemble modern conceptions of law as a system including principles to be balanced against each other. Therefore
- a reconstruction within a model of principles might as well prove the fruitfulness of the model of principles as render a more appropriate theoretical framework for Radbruchâ€
- ™
- s legal philosophy. After an outline of Radbruchâ€
- ™
- s relativism
- I will discuss some critical points of his approach and
- subsequently
- present a reconstruction according to the model of principles
- which makes plausible at least some of Radbruchâ€
- ™
- s contentions
