Piero Gaeta

The Illusion of the self-referring "Monad": Primacy of the Case and Crisis of Legal Provision in Criminal Law

  • Abstract

Informations and abstract

Keywords: Legal Provision; Legislative Reservation; Syllogism; Hermeneutics; Legal Interpretation.

By analyzing the evolution and the crisis of legal provision in criminal law as well as its causes the paper aims to verify the current theoretical relationship between some postulates of criminal law, such as rule of law, legislative reservation, legal syllogism, banning of reasoning by analogy, and the Hermeneutics tenets about legal methods. The issue of interpretation in criminal law is addressed both in diacronical - in terms of the overcoming of the Enlightenment model due to the discovery of the Hermeneutic idea of creativity in lapplication of law - and sincronic, as the search for what has substituted or can substitute that model.

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