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Post positivista e pre globale. Ancora sull'anomalia del diritto del lavoro italiano
Author/s:  Silvana Sciarra 
Year:  2009 Issue: 121 Language: Italian 
Pages:  25 Pg. 159-183 FullText PDF:  158 KB
DOI:  10.3280/GDL2009-121010
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The interpretation of D’Antona’s essay takes into account the criticism towards the "post positivist anomaly" of Italian labour law. He describes the crisis of legal paradigms, giving rise to eclectic methodological choices in Italian labour law scholarship during the 1980s and at the beginning of the 1990’s, when the essay was published. The challenge, still a valid one in the current discussion, has to do with the lack of coherence in adopting a legal methodology. From an historical perspective - it is suggested in the analysis offered of D’Antona’s essays - there is continuity between D’Antona’s own methodology and the Italian scholars attentive to the interpretation of "laws in action". This implies tracing back the influence exercised by Tullio Ascarelli and the subsequent criticism of legal positivism. The attitude shown by the legislature, not preoccupied in preserving a rational approach in the combination of sources, may cause - in the current debate as in the one referred to by D’Antona - the abandonment of labour law traditions.
Keywords: Massimo D’Antona; Legal positivism; Legal method in labour law; Reflexive law; Labour law

Silvana Sciarra, in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 121/2009, pp. 159-183, DOI:10.3280/GDL2009-121010


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