Global and local, general and particular, rules and measure : a post-modern reflection on Taylor-made laws
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The factual use and the scientific studies on the Laws which contain concrete precepts in Italy are ancient, but the attempts to find limits to provisions with force of Law did not always resist the jurisdictional proof; the work tries to summarize the arguments mainly used in this regard, to overview the jurisprudential reaction, and to give an account of those that are still not sufficiently examined. Observing the contemporary behaviors of the government’s activities, it notices their considerable complexity, which raises doubts about the appropriateness of the most classical theme of modernity on the nature of the Law, the generality and the abstractness of the norms that it is supposed to be produced by legislation. Using a post-modern approach, the study therefore tries to ask if it could be more effective working on external, expressed constitutional limits for the Law, and on the characteristics of the Judge who is able to sentence on it, of its process, of its judgment.
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