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Il pensiero giuridico di Kelsen: normativismo e diritto privato

Kelsen's juridical thinking: normativism and private law
[journal article]

Prospero, Michele

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Please use the following Persistent Identifier (PID) to cite this document:http://nbn-resolving.de/urn:nbn:de:0168-ssoar-446822

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Abstract The paper takes into account a feature of Hans Kelsen's juridical thinking that has been so far rather underestimated: the weight of normativism on his theory of private law. The author closely connects Kelsen's critical approach to the notion of subjective right and further relates the legal norms to the institutions of the market economy. The interepretative assumptions of Kelsen are constantly confronted with the theoretical background that propelled the development of the modern constitutional state based on the rule of law.
Keywords normativity; economy; law; private law; natural law; standard; decision; market economy; constitutional state; legal norm
Classification Political System, Constitution, Government; Law
Document language Italian
Publication Year 2010
Page/Pages p. 709-787
Journal Studia Politica : Romanian Political Science Review, 10 (2010) 4
ISSN 1582-4551
Status Published Version; peer reviewed
Licence Creative Commons - Attribution-Noncommercial-No Derivative Works