This paper offers a historical-conceptual reconstruction of Hans Kelsen’s theory of legal interpretation. My aim is threefold: first, shed light – through Kelsen’s critique to it – on the real nature of formalism in legal interpretation of XIX century; second, understand whether this theory can fit to what H.L.A. Hart called «rule-scepticism» or to his theory of open texture – the most influential views in the current debate on legal interpretation –; third, try to solve that puzzle consisting in the full validity of a judicial decision lying «outside the frame represented by the norm to be applied» – a claim that not only appears a contradiction in itself, but that has raised many questions of compatibility with the entire pure theory of law.
Kelsen e l'interpretazione giuridica: una prospettiva storico-concettuale
BISOGNI, GIOVANNI
2012-01-01
Abstract
This paper offers a historical-conceptual reconstruction of Hans Kelsen’s theory of legal interpretation. My aim is threefold: first, shed light – through Kelsen’s critique to it – on the real nature of formalism in legal interpretation of XIX century; second, understand whether this theory can fit to what H.L.A. Hart called «rule-scepticism» or to his theory of open texture – the most influential views in the current debate on legal interpretation –; third, try to solve that puzzle consisting in the full validity of a judicial decision lying «outside the frame represented by the norm to be applied» – a claim that not only appears a contradiction in itself, but that has raised many questions of compatibility with the entire pure theory of law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
