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L'abuso del diritto visto dai giudici
Journal Title: SOCIOLOGIA DEL DIRITTO  
Author/s: Luigi Pannarale 
Year:  2001 Issue: Language: Italian 
Pages:  12 FullText PDF:  117 KB

In this note, the author reports on the debate about the abuse of law held in Fra-scati, during a refresher for the judiciary organised by the Supreme Council of the Italian Judiciary. The topic was examined from an interdisciplinary standpoint that retraced the steps of legal precedent and of legal science in the fields of private, labour, civil suit and commercial law. To these perspectives of the question in hand, the author also adds the more specifically socio-legal standpoint. Starting from the principle that an internal self-contemplation is certainly insufficient for the purposes of a complete observation of the possibilities of abuse offered by law, he points out that such an observation is much more plausible if it is undertaken from an external standpoint. The category of abuse of law becomes symptomatic on the one hand of the legal system’s continuous need to expand its fields of communication and, on the other, of the need for some form of control of the system’s ability to offer services suited to its specific function.

Luigi Pannarale, in "SOCIOLOGIA DEL DIRITTO " 2/2001, pp. , DOI:

   

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