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Reason in Law

Ratio Juris 1 (2):97-108 (1988)

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  1. An Axiomatic Theory of Law.Paolo Sandro - 2011 - Res Publica 17 (4):343-354.
    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, (...)
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  • Models of Reason, Types of Principles and Reasoning. Historical Comments and Theoretical Outlines.Enrico Pattaro - 1988 - Ratio Juris 1 (2):109-122.
    The author distinguishes between scientific and prudential reason (practical wisdom) in Aristotle with reference to the nature of the principles assumed as premises, and to the method of inference. In the history of thought these two models of reason are elieved not only to be proper to science and, respectively, ethics, but also, at times, to be the scientific model proper to ethics (for example, in natural law doctrines) and the prudential model proper to science. Mixed models are also given (...)
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  • The Construction of Argumentation in Judicial Texts: Combining a Genre and a Corpus Perspective. [REVIEW]Davide Mazzi - 2007 - Argumentation 21 (1):21-38.
    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 (...)
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  • Constitutionalism Out of a Positivist Mind Cast: The Garantismo Way. [REVIEW]Pierluigi Chiassoni - 2011 - Res Publica 17 (4):327-342.
    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.
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