Since contemporary law must face the challenge of cultural pluralism, Francesco Viola suggests a hermeneutic approach as theoretical tool at this end and identifies in the «point of law» the premise for an understanding among different cultures. But, if we ignore how much the power makes sense in law, we might disregard – only because purely factual – legal experiences which, however, can tell us something about the «point of law»; or, conversely, we might see it while instead it is due to an existing coercive system. To avoid this risk, the article aims to combine the hermeneutic approach with some suggestions from the XXth century legal positivism – in particular, the theory of legal interpretation by Hans Kelsen – peculiarly fit to shed light on the role of power in law.
Diritto e pluralismo: può il giuspositivismo contribuire al dialogo fra culture giuridiche?
BISOGNI, GIOVANNI
2012-01-01
Abstract
Since contemporary law must face the challenge of cultural pluralism, Francesco Viola suggests a hermeneutic approach as theoretical tool at this end and identifies in the «point of law» the premise for an understanding among different cultures. But, if we ignore how much the power makes sense in law, we might disregard – only because purely factual – legal experiences which, however, can tell us something about the «point of law»; or, conversely, we might see it while instead it is due to an existing coercive system. To avoid this risk, the article aims to combine the hermeneutic approach with some suggestions from the XXth century legal positivism – in particular, the theory of legal interpretation by Hans Kelsen – peculiarly fit to shed light on the role of power in law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
