The article argues that, although partially outdated, the private debate between Nicola Matteucci and Norberto Bobbio on legal positivism and constitutionalism, is rather interesting by pointing out what is an appropriate legal culture for constitutional State. Indeed, according to Matteucci, legal positivism is unfit for contemporary constitutionalism both as ideological – it claims to be descriptive, but in fact it is the theory of legally unbound State power – and as unfruitful – it claims scientific detachment, but contemporary constitutions demand commitment, especially from an interpretive point of view.
ALLE ORIGINI DELLA CULTURA GIURIDICA DELLO STATO COSTITUZIONALE: «POSITIVISMO GIURIDICO E COSTITUZIONALISMO»
Giovanni Bisogni
2024-01-01
Abstract
The article argues that, although partially outdated, the private debate between Nicola Matteucci and Norberto Bobbio on legal positivism and constitutionalism, is rather interesting by pointing out what is an appropriate legal culture for constitutional State. Indeed, according to Matteucci, legal positivism is unfit for contemporary constitutionalism both as ideological – it claims to be descriptive, but in fact it is the theory of legally unbound State power – and as unfruitful – it claims scientific detachment, but contemporary constitutions demand commitment, especially from an interpretive point of view.File in questo prodotto:
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