The form of Law and its structure

Authors

  • Alessandro Catelani Università di Perugia, Sassari e Siena

DOI:

https://doi.org/10.13130/2531-6710/7835

Abstract

The existence of the society implicates that a human wish, expression of the collectivity,
rules the relationships among the men that make part of it: the right defines contrasts
her juridical spheres of the partners through a delimitation of the whole reality. In how
much it has normative nature, the right constitutes a formal datum, that can be
contrasted to that substantial of the society, on which comes to engrave. The juridical
form is the conceptual representation of the reality, it is the idea that represents the
things on their mutual relationships. Juridical reality is more properly nevertheless
reserved to that formal aspects that are expression of categorical juridical norms and
not hypothetical, and therefore in degree to create a structure. As human work, the
right is not identified with the moral norms, even if its finalities, of guarantee of the
existence of a social body, they are ethically valid.

Author Biography

Alessandro Catelani, Università di Perugia, Sassari e Siena

Alessandro Catelani, studioso di diritto pubblico e filosofia del diritto ha insegnato nelle Università di Perugia, Sassari e Siena

Published

2016-11-27