La Logica del Diritto

Dieci aporie nell'opera di Hans Kelsen

 

The logic is applicable to the law? The production of law is bound to the logical consistency with the constitutional principles? It is contradictory to speak of illegitimate law? Are there also rights in the absence of guarantees that make them effective? What is the relationship between existence, validity and effectiveness of the rules and what is the ultimate basis of law? Is jurisdiction only application or creation of law too? These and other key issues for the theory of law and democracy continue to be posed by the work of Kelsen, the leading law theorist of the twentieth century. Luigi Ferrajoli systematically reconstructs his thesis, showing their merits but also their contradictions, in light of the new paradigm of constitutional democracy.

Author: 
Luigi Ferrajoli
Published in: 
2016
Translated in Spanish by:
with title: La Logica del Derecho