Luigi Mengoni e il pensiero giuridico come conciliazione di ermeneutica e dogmatica, di Diritto e valori

Translated title of the contribution: [Autom. eng. transl.] Luigi Mengoni and legal thought as a conciliation of hermeneutics and dogmatics, of law and values

Research output: Contribution to journalArticle

Abstract

The A. stresses the importance of the contribution to the legal methodology of Luigi Mengoni, the most highly regarded Italian civil law thinker of the 20th century. From his many and varied works it is evident that Luigi Mengoni tried to find and equilibrium between the dogmatic approach, inherited from the glorious past of the German Pandectistics, necessary for a rational knowledge of the Law, with the need for a more practical, problem-related jurisprudence open to the values. His method, thereby, is inherently dual in nature, i.e. problem related and systematic, oriented to a new dogmatics no longer closed to the legal hermeneutics. This method is particularly consistent with post-positivism, the condition of the Law by the values in the contemporary age, which means an enrichment of the Law by the values of the Constitution, integrated in a specific and reasonable legal reasoning without falling into a purely political or in some way fundamentalist approach.
Translated title of the contribution[Autom. eng. transl.] Luigi Mengoni and legal thought as a conciliation of hermeneutics and dogmatics, of law and values
Original languageItalian
Pages (from-to)125-148
Number of pages24
JournalAPOLLINARIS
Publication statusPublished - 2013

Keywords

  • Civil Law
  • Diritto civile
  • Ermeneutica
  • Hermeneutics
  • Interpretation
  • Interpretazione
  • Positivism
  • Positivismo

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