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
Francesco Viola (2022). La natura delle cose. RIFD. RIVISTA INTERNAZIONALE DI FILOSOFIA DEL DIRITTO, 319-335.
La natura delle cose
Francesco Viola
2022-01-01
Abstract
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 lawFile | Dimensione | Formato | |
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