Rilettura giuslavoristica di «Problema e sistema nella controversia sul metodo giuridico» = Labor law rereading of "Problem and system in the controversy over the legal method". WP C.S.D.L.E. "Massimo D'Antona" .IT - 128/2011

Nogler, Luca (2011) Rilettura giuslavoristica di «Problema e sistema nella controversia sul metodo giuridico» = Labor law rereading of "Problem and system in the controversy over the legal method". WP C.S.D.L.E. "Massimo D'Antona" .IT - 128/2011. [Working Paper]

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Abstract

The author first of all demonstrates that Luigi Mengoni, ever since his writings on obligations in the 1950s, kept the idea at the forefront that developing legal rules presupposes their evaluation by jurists. It is just this evaluation which modern theorists of the method must rationalize, in order to monitor the determination of disputes. Mengoni was convinced of the need to examine this aspect in depth, through his study of employment and labour law and, in particular, the problems brought about, in the European context, too, by the spread of Taylorism. Gino Giugni, especially, knew well, and ahead of his time, to address the issue before establishing the system of legal rules. In the essay which is the subject of this re-reading, Mengoni, following the movement which was re-evaluating practical philosophy, therefore developed the theory of a relationship of interaction at all levels, between themes which were specifically legal and those of a practical kind. Recently this thinking has been exploited by a new dogmatism, conservative in nature, holding that M mistakenly theorized that the determination of disputes should be based exclusively on the feasibility of integrating the judgment itself within the existing system of conceptual law. The essay reveals the extent of this exploitation.

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