The question goes back to the Kelsenian theory on the "dynamic" character of legal system. Legal rules derive their validity by form, rather than by contents. It means that they are valid only if there is an underlying qualified act performed by a competent authority - and in compliance with some procedures - to laying down those rules. It is not necessarily so but the legal phenomenon certainly has, as a matter of fact, this character, at least in a broader view of things. The essay tries to discuss this model on the basis of law created by judges. Judges create law by passing verdicts.
|Titolo:||Non-Truth in the Logic of Legal Process|
INCAMPO, Antonio (Corresponding)
|Data di pubblicazione:||2018|
|Appare nelle tipologie:||1.1 Articolo in rivista|