Regole sul diritto e regole del diritto. Rileggendo la Metodologia del diritto di Francesco Carnelutti

Francesco Viola558-565

Abstract: Rules on Law and Rules of Law. Rereading Francesco Carnelutti’s Methodology of Law
The originality of Francesco Carnelutti’s conception of legal science does not consist in his epistemology, but in his way of dealing with the methodological problem, i.e. in the reversal of the relationship between legal theory and practice. Legal science is the result of an internal reflection within the legal practice and not only of the interpretation of legislative texts. In this way Carnelutti prefigures law as a practical science, even if still in a very embryonic way.