Publication year: 2005
: 978-1-4020-3505-0
This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law.
: Humanities, Social Science and Law, Analytic Jurisprudence, Austinian, Common Law, Common law Jurisprudence, Continental Europe, Dworkin, English-speaking World, General Jurisprudence, H.L.A. Hart’s, History of Philosophy of Law, Jurisprudential Thought, Latin America, Leg