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Hart's 'Postscript' And The Nature Of Legal Theory, Matteo Mattioni
Hart's 'Postscript' And The Nature Of Legal Theory, Matteo Mattioni
Bocconi Legal Papers
This paper analyses the nature of Herbert L. A. Hart’s legal theory – that is the meta-cognitive aspect of his analytical jurisprudence – with reference to his last, unfinished writing (the Postscript to his Concept of Law, posthumously published in 1994) and to the recent, doubtful reply coming from the Postscript’s main addressee, the American philosopher Ronald Dworkin. After a brief – but not cursory – summation of the essential features of Hart’s and Dworkin’s legal theories and an overview of the debate that continued between the two up to the late 1980s, the present work delves into the Postscript’s …
Implicit Premises: Structure Of The Law And Extralegal Formant In Italy, Luigi Russi, Matteo Mattioni
Implicit Premises: Structure Of The Law And Extralegal Formant In Italy, Luigi Russi, Matteo Mattioni
Bocconi Legal Papers
The paper - a revision of ILSU Working Paper No. 2008-01/IT - aims to schematically illustrate and clarify the logical categories according to which it is hypothesized that the extralegal formant - law practitioners - of a specific civil law jurisdiction - Italy - logically understand the unity and functioning of their legal system. According to the working hypothesis, the logical categories described in the paper should provide an illustration of the formal framework of reference which Italian jurists resort to, for the purpose of justifying their arguments about the law. Hence, the analysis carried out in the paper should …