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Il positivismo giuridico: lezioni di filosofia del diritto

Torino: G. Giappichelli. Edited by Nello Morra (1979)

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  1. On the wrong track: Andrei Marmor on legal positivism, interpretation, and easy cases.Pierluigi Chiassoni - 2008 - Ratio Juris 21 (2):248-267.
    Abstract. The paper argues for the following points: (1) Marmor's own understanding of "legal positivism" is different from the understanding defended, e.g., by Herbert Hart and Norberto Bobbio, and apparently misleads him into the wrong track of a theoretical inversion; (2) Marmor's two-stages model of (legal) interpretation—the understanding-interpretion model—provides no support for Marmor's own positivistic theory of law; (3) Marmor's concept of interpretation is at odds both with the basic tenets of Hartian and Continental methodological legal positivism, on the one (...)
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  • Arbitrary Decision-making and the Rule of Law.Francesca Asta - 2020 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:107-136.
    Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on Italian (...)
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