Analisi e Diritto https://journal.edizioniets.eu/index.php/aed <p>«Analisi e Diritto» is a six-montly, double blind peer-reviewed journal on analytic studies in Law and Philosophy of law.</p> en-US <p>Copyrights are transferred for five years starting publication date from the author(s) to the Publisher. After this period, the content is released under a Creative Commons licence (<a title="CC BY-SA 4.0" href="https://creativecommons.org/licenses/by-sa/4.0/" target="_blank" rel="noopener">Attribution-ShareAlike 4.0 International</a>).</p> analisiediritto@istitutotarello.org (Analisi e Diritto) giovanni.campolo@edizioniets.com (Giovanni Campolo) Mon, 01 Aug 2022 16:01:25 +0000 OJS 3.1.1.4 http://blogs.law.harvard.edu/tech/rss 60 Farewell to Bruno Celano https://journal.edizioniets.eu/index.php/aed/article/view/436 <p>The author retraces some salient episodes of his intellectual relationship with Bruno Celano and addresses various aspects of his scientific and human legacy.</p> Riccardo Guastini ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/436 Thu, 28 Jul 2022 06:03:07 +0000 Foreword https://journal.edizioniets.eu/index.php/aed/article/view/438 <p>On 27 and 28 January 2022, a seminar was held at the University of Genoa to discuss a recently published book: Teoría Analítica del Derecho (2021), by Jorge L. Rodríguez (Universidad de Mar del Plata).<br>This section collects the contributions of seven of the nine main commentators at the seminar, as well as an additional comment and the author’s responses to each of them.</p> Julieta A. Rabanos ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/438 Thu, 28 Jul 2022 00:00:00 +0000 Remarks on Connectives, Satisfaction, and Deontic Isomorphism https://journal.edizioniets.eu/index.php/aed/article/view/439 <p>The essay critically discusses three aspects of the recent and monumental book Teoría analítica del derecho by Jorge Rodríguez, that is: 1) the meaning and scope of logical connectives in the normative field; 2) the notion of satisfaction as the basis for a genuine logic of norms; 3) the hypothesis of the isomorphism between the logic of norms and the logic of normative propositions as an argument that opens the way to the collapse of both logics.</p> Giovanni Battista Ratti ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/439 Thu, 28 Jul 2022 00:00:00 +0000 The Normative in Jorge Luis Rodríguez’s Legal Theory: a Blind Spot? https://journal.edizioniets.eu/index.php/aed/article/view/440 <p>This paper deals with the issue of the normativity of law, as it is included in the chapters 2 and 7 of Jorge L. Rodriguez’s (2021) relevant book. In the section two, some issues in the vicinity of the issue at hand, particularly whether the debate<br>– in the traditional terms – between Natural Law Doctrine and legal positivism is a mere verbal dispute. Both theses are attributed to the author: the thesis of mora relativism and (in a more conjectural way) the thesis of normative legal positivism.<br>In the sections three and four, these theses are reconstructed and objected with the objective to undermine them. In the section five, it is maintained that in the analytical legal theory of Jorge L. Rodríguez perhaps the normativity could be a blind spot.</p> José Juan Moreso ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/440 Thu, 28 Jul 2022 00:00:00 +0000 Presuppositions and Consequences of Applicability https://journal.edizioniets.eu/index.php/aed/article/view/441 <p>In this paper, I analyze the reconstruction that Jorge L. Rodríguez offers of the applicability of legal norms in his last book. In particular, (i) I distinguish between the internal and external applicability of legal norms and (ii) I revise the thesis according to which a norm is internally applicable if and only if it is externally applicable. I argue that the distinction between internal and external applicability sheds light on, for example, the individualization of norms, the institutional forces of law, legal validity and effectiveness, normative hierarchy, and the truth-conditions of normative statements. Unlike Rodriguez, I will argue that the internal applicability of a norm N does not necessarily coincide with its external applicability. Finally, I will conclude that the greatest source of our difficulties and discrepancies arises from vacillating uses of language and insufficiently articulated intuitions. These perplexities concerning the applicability of legal norms can be dissolved in different ways and, therefore, different schemes of analysis can be constructed. In short, in my view, the problems of the applicability of the law are not so much ontological as rather methodological.</p> Pablo E. Navarro ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/441 Thu, 28 Jul 2022 00:00:00 +0000 Some Reflections on the Existence and the Limits of Social Rules Inspired by Teoría analítica del derecho by Jorge Rodríguez https://journal.edizioniets.eu/index.php/aed/article/view/442 <p>This paper analyses how Rodriguez’s response to the problem of legal disagreements in law reveals a constant tension in the analytical theory of law between the empirical and the abstract aspect of rules. It claims that for the knowledge of legal norms and the analysis of the truth conditions of propositions about the law, it is of utmost importance to consider what social rules are and when they exist. Specifically, it argues for the thesis that it is necessary to consider the external aspect of rules and to assume the internal point of view to resolve the tension between the empirical and abstract aspects of the law.</p> Natalia Scavuzzo ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/442 Thu, 28 Jul 2022 00:00:00 +0000 Five Theses about the Rule of Recognition https://journal.edizioniets.eu/index.php/aed/article/view/443 <p>This article critically reviews five theses advocated by Jorge Rodríguez in his book Teoría analítica del derecho regarding the rule of recognition and the grundnorm. The theses are the following: (1.) the best interpretation of the grundnorm is the one that understands it as a definitional scheme; (2.) the rule of recognition is not a conventional rule; (3.) the rule of recognition is not a social norm of conduct; (4.) the rule of recognition is equivalent to the first historical constitution; (5.) the rule of recognition is reducible to rules of change. The critical review of these five theses aims to defend the idea that the rule of recognition can be understood as a social norm and to question whether it can be reduced to rules of change.</p> Sebastián Figueroa Rubio ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/443 Thu, 28 Jul 2022 00:00:00 +0000 The Indeterminacy of Law: A Matter of Degree https://journal.edizioniets.eu/index.php/aed/article/view/444 <p>The author criticizes Rodríguez’s position on legal interpretation, emphasizing four issues: 1) the sources of indeterminacy of law; 2) the idea of correct interpretation; 3) the relevance of the context in legal interpretation; 4) the limited usefulness of the classification of interpretation theories.</p> Paolo Comanducci ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/444 Thu, 28 Jul 2022 00:00:00 +0000 Discussing with Jorge Rodríguez https://journal.edizioniets.eu/index.php/aed/article/view/445 <p>This paper discusses a number of points of Jorge Rodríguez’s general theory of law, namely: (i) the concept of legal positivism; (ii) the variety of hierarchical relationships among norms; (iii) Kelsen’s “alternative clause”; (iv) the logical form of power-conferring norms; (v) the anti-realist theory of interpretation based on the concept of “easy case”.</p> Riccardo Guastini ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/445 Thu, 28 Jul 2022 00:00:00 +0000 The Swan Song. Jorge Rodríguez and the Analytic Tradition https://journal.edizioniets.eu/index.php/aed/article/view/446 <p>The subject of this intervention is the analytical approach adopted by Jorge Rodríguez from the title of his Teoría analítica del derecho (2021): an approach typical of the Buenos Aires School and the Genoa School too, at least since the meeting of the one with the other. This authentic tradition of investigation is here object of external but not alien criticism, brought by another tradition that could be termed as post-analytic, and that for simplicity I will call legal evolutionism. In particular, four representative theses of the Argentine-Genoese tradition are made explicit: normativism, ethical non-cognitivism, theories of the legal system and of interpretation. For each of such theses the alternatives that legal evolutionism could propose are imagined, and with them a greater openness of the Argentine-Genoese and other analytic traditions to empirical sciences and normative doctrines.</p> Mauro Barberis ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/446 Thu, 28 Jul 2022 00:00:00 +0000 First Replies to Criticisms on "Teoría analítica del derecho" https://journal.edizioniets.eu/index.php/aed/article/view/447 <p>In this essay I try to offer a first response to some critical comments to my book Teoría analítica del derecho (hereinafter TAD). I discuss with Ratti about deontic logic, with Moreso about the normativity of law and the scope of a positivistic theory, with Navarro about the applicability of legal norms, with Scavuzzo and Figueroa about social rules and the rule of recognition, with Comanducci about the degrees of indeterminacy of law, with Guastini on the characterization of legal positivism, normative hierarchies, power-conferring rules, and interpretation, and with Barberis on the relevance of an analytical approach in legal philosophy.</p> Jorge L. Rodríguez ##submission.copyrightStatement## https://journal.edizioniets.eu/index.php/aed/article/view/447 Thu, 28 Jul 2022 00:00:00 +0000