Tipo normativo ed ermeneutica penale. Profili storico-concettuali e prospettive teorico-pratiche
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Abstract
The paper deals with the nature of actus reus and compares the basic theories of this nature: the type-theories and the abstract-concept-theories. After recapping the main hermeneutical type-theories of the !! Century, the author sets out his own theory of actus reus as type and argues that a type-oriented legal application doesn't necessarily contrast with the Principle of legality.
Keywords
- Legal Hermeneutics
- Actus Reus
- Type/Abstract Concept
- Rule of Law
- Legal Analogy