La dogmatica giuridica al cospetto del giuspositivismo

Abstract: The Legal Dogmatics in the Sight of Legal Positivism
This paper takes the debate on the concept of law as a departure for redrafting the role of legal doctrine (Rechtsdogmatik). It distinguishes, in a quadral model, four categorically distinct concepts of law (convergent and divergent legal positivism, and convergent and divergent legal non-positivism), and – accordingly, four categorically distinct concepts of legal doctrine – or, rather, of the role of justice in legal doctrine. As a result, it can be shown that a moderated understanding of the argument from justice is compatible with (divergent) legal positivism.