Giovanni Bisogni

Kelsen e l'interpretazione giuridica: una prospettiva storico-concettuale

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Keywords

  • This paper offers a historical-conceptual reconstruction of Hans Kelsenâ€
  • s theory of legal interpretation. My aim is threefold: first
  • shed light â€
  • through Kelsenâ€
  • s critique to it â€
  • on the real nature of formalism in legal interpretation of xix century
  • second
  • understand whether this theory can fit to what H. L. A. Hart called «rule-scepticism» or to his theory of open texture â€
  • the most influential views in the current debate on legal interpretation â€
  • third
  • try to solve that puzzle consisting in the full validity of a judicial decision lying «outside the frame represented by the norm to be applied» â€
  • a claim that not only appears a contradiction in itself
  • but that has raised many questions of compatibility with the entire pure theory of law

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