Papers by Francesco Viola
Veritas et Jus, 2024
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Potere e forme del consenso nella storia del pensiero politico, 2023
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Leer a Manuel Atienza, 2023
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Paradoxa, 2023
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Rassegna di diritto civile, 2023
Among the multiple aspects of the relationship between law and culture this
paper focuses both o... more Among the multiple aspects of the relationship between law and culture this
paper focuses both on the theme of legal culture, produced by the work of jurists
and judges, as well as by citizens in self-application of legal norms, and on the
theme of the relationship of this culture with the society. The evolution of legal
culture records the transition from the paradigm of separation, for which we try
to isolate the legal phenomenon from its context, to the paradigm of connection,
in which the context is also part of the nature of law. Only by paying attention
to this complexity, we can understand the sense of law and its functions. This is
the sign not only of a change in the understanding of law, but of a transformation
of social life too.
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Ars Interpretandi, 2023
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The reference to the nature of things is still working today in legislation
and jurisprudence. I... more The reference to the nature of things is still working today in legislation
and jurisprudence. In this article the reasons for the persistence of
this line of reasoning in law and in the legal science are examined. These
reasons generally depend on the close connection between law and some
fundamental social relations. But also the essential need to assure its effectiveness,
without which law would be useless. In turn, the contemporary
evolution of the legal culture requires a change in the way of understanding
the nature of things. Nowadays, the nature of things distances itself from
mere objectivism to get close to the deliberative character of the determination
of the law.
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Conoscenza, volontà, diritto. Studi in memoria di Alfonso Catania, 2023
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L'Ircocervo, 2023
Rules on Law and Rules of Law. Rereading Francesco Carnelutti's Methodology of Law The originalit... more Rules on Law and Rules of Law. Rereading Francesco Carnelutti's Methodology of Law The originality of Francesco Carnelutti's conception of legal science does not consist in his epistemology, but in his way of dealing with the methodological problem, i.e. in the reversal of the relationship between legal theory and practice. Legal science is the result of an internal reflection within the legal practice and not only of the interpretation of legislative texts. In this way Carnelutti prefigures law as a practical science, even if still in a very embryonic way.
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Papers by Francesco Viola
paper focuses both on the theme of legal culture, produced by the work of jurists
and judges, as well as by citizens in self-application of legal norms, and on the
theme of the relationship of this culture with the society. The evolution of legal
culture records the transition from the paradigm of separation, for which we try
to isolate the legal phenomenon from its context, to the paradigm of connection,
in which the context is also part of the nature of law. Only by paying attention
to this complexity, we can understand the sense of law and its functions. This is
the sign not only of a change in the understanding of law, but of a transformation
of social life too.
and jurisprudence. In this article the reasons for the persistence of
this line of reasoning in law and in the legal science are examined. These
reasons generally depend on the close connection between law and some
fundamental social relations. But also the essential need to assure its effectiveness,
without which law would be useless. In turn, the contemporary
evolution of the legal culture requires a change in the way of understanding
the nature of things. Nowadays, the nature of things distances itself from
mere objectivism to get close to the deliberative character of the determination
of the law.
paper focuses both on the theme of legal culture, produced by the work of jurists
and judges, as well as by citizens in self-application of legal norms, and on the
theme of the relationship of this culture with the society. The evolution of legal
culture records the transition from the paradigm of separation, for which we try
to isolate the legal phenomenon from its context, to the paradigm of connection,
in which the context is also part of the nature of law. Only by paying attention
to this complexity, we can understand the sense of law and its functions. This is
the sign not only of a change in the understanding of law, but of a transformation
of social life too.
and jurisprudence. In this article the reasons for the persistence of
this line of reasoning in law and in the legal science are examined. These
reasons generally depend on the close connection between law and some
fundamental social relations. But also the essential need to assure its effectiveness,
without which law would be useless. In turn, the contemporary
evolution of the legal culture requires a change in the way of understanding
the nature of things. Nowadays, the nature of things distances itself from
mere objectivism to get close to the deliberative character of the determination
of the law.