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
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- through Kelsenâ
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- s critique to it â
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- 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
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- the most influential views in the current debate on legal interpretation â
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- 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
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- 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