Among contemporary forms of constitutionalism, Luigi Ferrajoli’s Garantismo may be considered as the rather unfashionable attempt to build up a comprehensive and multi-layered theory, which still takes seriously the positivist heritage. This paper offers, in brief outline, a synthetic view of the social setting, the philosophical background, and the basic features of this conception of constitutionalism, when compared with legal positivism and other mainstream forms of (neo)constitutionalism.

This paper presents in outline Luigi Ferrajoli’s axiomatic and general theory of law, as developed in his lifelong work Principia Iuris . The first section focuses on the three main aspects of the theory: the methodological, the theoretical and the pragmatic, which respectively represent the theory’s syntax, semantics and its pragmatics. Ferrajoli identifies three deontic gaps of norms: firstly, the one between their validity and efficacy ; secondly, the one between their justice and validity ; and finally, and most importantly, (...) the one between validity and existence (i.e. normative force). The presence of such gaps is, according to Ferrajoli, the extraordinary innovation that entrenched constitutions have brought into modern legal systems, by establishing norms that are superior to statutes and case law. In this sense, all normative phenomena (except for the constitution itself) can be conceived both as norms and as facts. In the second section the role of juridical science is briefly discussed. (shrink)

Research on legal discourse has developed according to a variety of perspectives. As for descriptive accounts, two approaches are noteworthy. Firstly, Anglophone scholars have dealt with legal language from a genre-based viewpoint. Secondly, French studies have focused on argumentation in judicial texts, by considering the forms of reasoning involved in it and, albeit more rarely, its linguistic constituents. This paper aims at reinforcing the linguistic component of the analysis of legal discourse, by carrying out a corpus-based genre analysis on a (...) sample of 40 judgments. First of all, the results of the investigation of the genre structure of judgments will be presented. The comparative approach adopted will show that the differences between European and English/Irish judgments mainly concern the generic move Arguing the case. Secondly, analysis will concentrate in more detail on one of the most frequent tools used in the discursive construction of argumentation within the aforementioned move, i.e. the widely spread reporting verb HOLD. A study of its concordances suggests that it is used in all types of judgments as a meta-argumentative operator signalling either an authoritative stance taken by the Court or an equally authoritative reported argumentation of another judge or court. (shrink)