All the avatars of the idea of legal order have proved to be both delusive and transient like Hobbes’s mortal god. From this point of view, there is no difference between old positivism and the theories of the followers of natural law. Nowadays the law scholar is no longer a scientist who studies a pre-existing object. Conversely lawyers keep rebuilding, maybe on the sand, through their arguments. Likewise, value weighting is impossible, as values are indeed a matter of choice.
La nostalgia dell'ordine / C.R. Luzzati. - In: IRCOCERVO. - ISSN 1722-392X. - 21:2(2022), pp. 197-213.
La nostalgia dell'ordine
C.R. Luzzati
2022
Abstract
All the avatars of the idea of legal order have proved to be both delusive and transient like Hobbes’s mortal god. From this point of view, there is no difference between old positivism and the theories of the followers of natural law. Nowadays the law scholar is no longer a scientist who studies a pre-existing object. Conversely lawyers keep rebuilding, maybe on the sand, through their arguments. Likewise, value weighting is impossible, as values are indeed a matter of choice.
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