La questione del metodo tra filosofia e teoria del diritto. Su qualche eredità carneluttiana

Moving from Carnelutti’s philosophical-legal framework the paper offers a critical reading of his perspective, which emphasizes the methodological dimension and highlights the pattern of law elaborated by the Italian author. It is closely connected to a categorical horizon, rooted in the ideas of “system” and “legal order” and dating back to the classical notion of scientia juris. The analysis of some turning points (i.e. the nexus epistemology-law; the role of the methodological level; the model of theory of law), as well as the comparison with some theoretical orientations (i.e. Capograssi, Betti, Menogni), makes it clear the richness and fruitfulness of Carnelutti’s model also in order to understand in depth the current legal scenario based on the pair Government-Governance.