The essay deals with Paolo Grossi's contribution to the theory of legal sources. He has long dedicated himself to this issue. The pluralism of sources makes law complex and erodes its hierarchical structure. Complexity characterizes contemporary law, which works through the articulation of sources of several origins and authoritativeness in an unstructured, fragmentary, fluid scenario. Understanding the complexity of law constitutes one of the central points of Grossi's thought. His reflections on the sources of law focus on the crisis of the way in which they have been configured in the context of the ‘modern/post-modern' dialectic. Grossi rethinks the problem of sources considering historicity as a dimension in which law is inscribed in the experience of social life. The multiplication of legal sources has as a consequence the growth of the role of interpreters in the research of law. Identification of legal sources and interpretation are linked in an on-going dynamic of positivization.
Diritto complesso. Il contributo di Paolo Grossi alla teoria delle fonti
B. PASTORE
Primo
2023
Abstract
The essay deals with Paolo Grossi's contribution to the theory of legal sources. He has long dedicated himself to this issue. The pluralism of sources makes law complex and erodes its hierarchical structure. Complexity characterizes contemporary law, which works through the articulation of sources of several origins and authoritativeness in an unstructured, fragmentary, fluid scenario. Understanding the complexity of law constitutes one of the central points of Grossi's thought. His reflections on the sources of law focus on the crisis of the way in which they have been configured in the context of the ‘modern/post-modern' dialectic. Grossi rethinks the problem of sources considering historicity as a dimension in which law is inscribed in the experience of social life. The multiplication of legal sources has as a consequence the growth of the role of interpreters in the research of law. Identification of legal sources and interpretation are linked in an on-going dynamic of positivization.File | Dimensione | Formato | |
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