Stamile / Castilho Gomes / Almanza Torres Friedrich Müller's Theory of Law

Proceedings of the Special Workshop held at the29th World Congress of the International Association for Philosophyof Law and Social Philosophy in Lucerne, Switzerland, 2019
1. Auflage 2021
ISBN: 978-3-515-13060-8
Verlag: Franz Steiner
Format: PDF
Kopierschutz: Wasserzeichen (»Systemvoraussetzungen)

E-Book, Deutsch, Band 170, 137 Seiten

Reihe: Archiv für Rechts- und Sozialphilosophie – Beihefte

Friedrich Müller is one of the most important theoretical and constitutional lawyers of the 20th century, whose works are celebrated for their originality and wide reach. Already in the 1960s, Müller noticed the interrelationship between legal dogmatics, legal methodology and the theory of norm. According to Müller, issues present in the legal doctrine originated from methodical problems, which were themselves rooted in flaws from legal norm's theory. In relation to the latter, Müller tried to develop a new theory of the legal norm, moving from the practice of law. Thus, in the early 1970s, Müller called this new paradigm "post-positivist". The main claim is that the normative text is only a preliminary form and for this it is crucial to develop methodologically the passage from the text to the norm. It is realized by the new understanding of the structure of the legal norm, based on two central components: the norm-programme and the normative domain. For this, Friedrich Müller points to some characteristics of the Structuring Legal Theory, defining it as a realistic theory, since it requires contributions from social sciences, especially through the concept of normative domain.

Autoren/Hrsg.

Stamile, Natalina

Castilho Gomes, Nestor

Almanza Torres, Dennis

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre

Über Autor(innen)

Castilho Gomes, Nestor
Nestor Castilho Gomes is Professor of Constitutional Law and Constitutional Process at the University of the Region of Joinville (UNIVILLE). His main research interests are Legal Theory, Philosophy of Law, Constitutional Law and Legal Hermeneutics. He is also a lawyer.

Stamile, Natalina
Natalina Stamile is currently "Assegnista di ricerca" in Legal Philosophy at the University of Brescia, Italy, and an Associate Lecturer of Philosophy and Legal Informatics at the University of Bergamo, Italy and of Legal Spanish at the Carlo Bo University of Urbino, Italy. Her main research areas are gender and theory and philosophy of Law, principle of equality and fundamental rights, reasonableness and constitutional justice, legal informatics and legal language.

Almanza Torres, Dennis
Dennis José Almanza Torres is an Associate Professor at the University La Salle (ULASALLE), Peru. He is also a professor in the doctoral program of the Santa Maria Catholic University (UCSM), Peru, and visiting professor at the National University of San Agustin (UNSA), Peru. His main research interests are Philosophy of Law, International Law and Law and Economics.