Il diritto come discorso di Aurelio Gentili

The concept of law is closely related to the conditions of validity of legal norms, which need to be identified, because not every rule is a legal norm. In such perspective, the idea that law is a discourse may be entertained in an innovative way, freeing validity from its reliance on effectiveness, force or external metaphysical standards invoked by means of rhetorical expressions (social morality, wider social ideals, principles of justice, substantive moral values, and so on) and linking it to the logical strentgh of the rule. A radical constructivism marks out the resulting general theory of law: the latter gains autonomy and becomes more verifiable because of the significance of legal argumentation among the sources of law, and scientificity of jurisprudence (or science of law) is preserved