The essay proposes a critical analysis of the concept of typicality in the field of the constitutional studies about legal sources in Italy. The main thesis, supported by the Author through different exemplar cases, is that, at present, the conceptual couple “typicality/atypicality” has lost its theorical force in reconstructing legal sources’ system and it keeps a utility above all on a rhetorical plan. It does not exclude, maybe, a residual space on a methodological plan.
Balduzzi, R., Splendore e decadenza di una figura controversa: le fonti atipiche, <<JUS>>, 2020; (2-3): 557-575. [doi:10.26350/004084_000095] [http://hdl.handle.net/10807/206340]
Splendore e decadenza di una figura controversa: le fonti atipiche
Balduzzi, Renato
2020
Abstract
The essay proposes a critical analysis of the concept of typicality in the field of the constitutional studies about legal sources in Italy. The main thesis, supported by the Author through different exemplar cases, is that, at present, the conceptual couple “typicality/atypicality” has lost its theorical force in reconstructing legal sources’ system and it keeps a utility above all on a rhetorical plan. It does not exclude, maybe, a residual space on a methodological plan.
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