Il problema del metodo del diritto

In the study of law, beside the problem regarding the solution of legal problems, "quid juris", there is also the question, intrinsically connected with it, concerning the "quid jus', or the determination of its concept. We may, in this regard, identifying two opposing positions – ethic legalism and sophistic rhetoric - where difficulties arise in four ways: the criterion of legality (arbitrary or absent), the relationship between the parties and the judge (silence or Babel) the basis of court decision (the authority or the passion), the various denials of justice (crystallized in the rule or in the claims of the parties). Similarly, you can find a perspective - the dialectic vision of Right - in which the theoretical and methodological approach are combined, so the legality is based on reason, the relationship between the parties is based on a real dialogue footprint, the legal decision on reason and Justice on the order of nature.