Filosofia del diritto 1

Question Answering - Distractors

• Philosophy Definition: Generally, philosophy is understood as the freedom of thought, the creation of law, or the awareness of humanity.
• 18th Century Philosophy: The dominant philosophical school in the 18th century was Romanticism.
• Social Contract Foundation: According to Romagnosi, natural law is the foundation of civil society.
• Artificial vs. Natural Law: Cattaneo compared artificial law (e.g., statutory law) to artificial human creation, similar to natural law (pre-existing norms).
• Law and Morality: The jurist Rovere posited that law and morality are inseparable.
• Mancini and Natural Law for Nations: Mancini's view was that natural law dictates that each nation should form its state.
• Hegel's Dialectic and Kierkegaard: Kierkegaard rejected the Hegelian dialectic principle of the rationality of reality.
• Stirner's Individualism: Stirner's individualism was based on a social rather than political or religious foundation.
• Nietzsche and human value: Nietzsche thought human value was found in affirmation of life, not rejecting or transcending it.
• Justice and Violence (Nietzsche): Nietzsche considered justice the antithesis of violence.
• Legal dogmatics: Legal dogmatics define general legal concepts based on existing laws, not creating new ones.
• 19th-Century Philosophy: The dominant philosophical approach in the 19th century was Positivism.
• Causes of Positivism in Law: The causes of legal positivism were not religion but rather codification in law and the focus on the logic of law.
• Jhering's Approach: Jhering shifted his approach from legal concepts to an interest-based approach toward law.
• Free Law Movement: Jhering belonged to the school of legal interests and was not influenced by the free law movement.
• Positive Law and Morality: Duguit believed that legal concepts directly correspond to concrete reality .
• Positivism's foundation: Positivism is based on natural science.

Philosophy and Movements - Further details

• Idealism: Benedetto Croce and Giovanni Gentile were key figures in idealism.
• Croce's Philosophy: Croce's philosophy is known as the philosophy of spirit.
• Gentile's View of Law: For Gentile, the law is already a completed realization, separate from morality.
• Phenomenology and Consciousness: Phenomenologists believe that consciousness is the fundamental aspect, extending beyond natural reality.
• Marx's View of Law: Marx considered law a tool in a social system, and that it will disappear in a communist state.
• Pasukanis's Theory of Law: Pasukanis believed that legal theory is a byproduct of abstract formality and that it is separate from real-world law.