What legal efficacy is the question from which this work starts, dealing with one of the fundamental themes of legal sociology. There are many answers although they have never fully explained why the application and non-application of the law produce perverse, indirect, unwanted effects, sometimes no effects at all, or what the latent or manifest functions of the law consist of. In this sense, the crisis of law, of the model of instrumental rationality, constitutes the most evident expression of the inability of the most recent sociological-juridical paradigms to understand the phenomena connected to the effectiveness of law: it is necessary to rethink the notion, even to propose an explanatory paradigm unpublished. It is therefore necessary to develop a model of multivariate socio-legal analysis: these are aspects that require to be investigated through theoretical-empirical research, of which the great masters Renato Treves and Vincenzo Tomeo were tireless supporters.

Ricostruire l'efficacia giuridica. Per un modello di analisi multivariata.

Enrico Damiani di Vergada Franzetti
2020-01-01

Abstract

What legal efficacy is the question from which this work starts, dealing with one of the fundamental themes of legal sociology. There are many answers although they have never fully explained why the application and non-application of the law produce perverse, indirect, unwanted effects, sometimes no effects at all, or what the latent or manifest functions of the law consist of. In this sense, the crisis of law, of the model of instrumental rationality, constitutes the most evident expression of the inability of the most recent sociological-juridical paradigms to understand the phenomena connected to the effectiveness of law: it is necessary to rethink the notion, even to propose an explanatory paradigm unpublished. It is therefore necessary to develop a model of multivariate socio-legal analysis: these are aspects that require to be investigated through theoretical-empirical research, of which the great masters Renato Treves and Vincenzo Tomeo were tireless supporters.
2020
978-88-7892-406-2
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11387/183294
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact