Norberto Bobbio and the Birth of the Italian Analytical School Cover Image
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Норберто Бобио и раждането на италианската аналитична школа
Norberto Bobbio and the Birth of the Italian Analytical School

Author(s): Daniel Valchev
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: The article studies the role Norberto Bobbio played in the creation of the Italian analytical school and his significance for the development of legal philosophy. The author emphasizes the fact that Bobbio preserved the solid theoretical foundation of the Kelzen’s positivism and enriched it with original contributions — the two aspects of validity of the legal acts, the reversal of the correlation ‘legal act — legal order’ and the existence of incomplete and incoherent legal order. The main emphasis of the article is on Bobbio’s analytical method. It highlights the contribution Bobbio and Scarpelli made for the establishment of a new approach to law and legal theory — the concept of law as a language and the legal theory as a metalanguage. The author reveals Bobbio’s arguments in defining the legal act as a prescriptive speech act and in proving the autonomy of the prescriptive language in relation to the descriptive and expressive language. Some general notes are made on the development of the Italian analytical school from the new generation of philosophers and theorists.

  • Issue Year: 2004
  • Issue No: 4
  • Page Range: 7-19
  • Page Count: 13
  • Language: Bulgarian