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Are there any rules?

The Journal of Ethics 5 (3):199-219 (2001)

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  1. Insights, Errors and Self‐Misconceptions of the Theory of Principles.Ralf Poscher - 2009 - Ratio Juris 22 (4):425-454.
    The theory of principles is multifaceted. Its initial expression contained an important argument against positivist theories of adjudication. As a legal theory, it fails in its effort to claim a structural difference between rules and principles. It also fails as a methodological theory that reduces adjudication to subsumption or balancing. It misunderstands itself when it is conceived as a doctrinal theory especially of fundamental rights. Its most promising aspect could be its contribution to a more comprehensive theory of legal argumentation.
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  • Is Legal Positivism as Worthless as Many Italian Scholars of Public Law Depict It?Stefano Civitarese Matteucci - 2010 - Ratio Juris 23 (4):505-539.
    An increasing number of Italian scholars are beginning to share the idea that the conceptual basis of legal positivism (LP) is wrong, particularly in the field of Public Law. According to a group of theories called “neoconstitutionalism,” constitutionalism is to be understood not only as a principle based on the need to impose legal limits to political power, but also as an aggregation of values capable of continually remodelling legal relationships, positioning itself as a “pervasive” point of reference for legal (...)
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