Giovanni D'Amico

The Irreplaceable Softness of the Legal Provision

  • Abstract

Informations and abstract

Keywords: Legal Provision; Legal Case; Certainty/Predictability; Hermeneutics; Legal Positivism.

The text analyzes the topic of the legal provision, first by pointing out Natalino Irti's last works about the so-called crisis of the legal provision. Trying to highlight legal problems concerning lacunas and general clauses, the Author looks for a contact between the judicial hermeneutics and a kind of critical legal positivism. The conclusion is that our legal orders cannot refuse benefits produced by a regulation based on the legal provision. It does not mean that we have to deny the judge's work in interpreting and arguing norms but this discretional activity cannot cut off values as certainty or predictability through a general and abstract legal provision.

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