*** Welcome to piglix ***

Theory of Legal Norms


Theory of Legal Norms (Teoria della Norma Giuridica) is a book, published in 1958, by the italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the legal norm.

Seen by scholars as an important work in understanding of a conceptual constructivist approach of the scientific way of thinking law in the new era of the jurisprudence of values, Bobbio's book faces this challenge in six chapters.

"In this book, Bobbio defends a positive philosophy committed to the scientific soul and against metaphysical points of view. Bobbio breaks from jusnaturalists tendencies, considering law as a speech to be submitted to the language analysis, inside the borderlines of a scientific theory, according to the paradigm of the logical positivism"

"Bobbio presents his position about sanctions. According to him, sanction is the response to violation of a law. Analyzing sanction under the point of view of efficacy, the relation between law and force appears. For Kelsen, law exists to regulate force. For Bobbio, sanctions are means to obtain the desirable human behavior. Bobbio emphasizes the positive sanctions (awards) in opposition to repressive ones."

"In this book, Bobbio analyzes the law as rule of behavior, showing a general view and a criticism of the various theories that intend to reveal the concept of law, concluding that, although all the theories are integrated, the normativist one prevails in sense of constituting pressuposed of validity for the other ones"



...
Wikipedia

...