Vita e Pensiero

Fascicolo doppio del 2020

The paper addresses the conceptual circle among the legal notions of “type”, “typicality” and “atypicality” (or “non-tipicality”). Starting from the methodological hypothesis about the close relation between the theoretical-legal approach and the philosophical-legal perspective, in the first part the contribution focuses on any profiles of the legal type in order to highlight its complexity: the comparison (i.e. through Weber and Kelsen) between the “sociological type” and the “legal type”; the ambivalence and the pragmatic-performative function of the type; the normative dimension and, finally, the problematic nexus between the type (understood as a theoretical-legal category) and the crisis of the concept of “legal order/system”...

The Author depicts the matter of civil procedure “tipicità”, particularly focusing on the issue of legal remedies that are recognised by the State’s legislation in favour of an individual’s defence of their own rights. Different remedies must be considered typical, hence defined by the legislator in advance, as stated by the art. 111 of the Italian Constitution, where a due process of law is established...

This paper deals with the history of the types of contracts starting from Roman Law to the nowadays legal systems of the European continent throughout the medieval and early modern tradition...

‘Typicality’ recalls a technique of position of the case (fattispecie). The techniques of position consist in patterns of signification, by which men generate concepts. Position is always the origin of a concept...

The paper aims to examine the mandatory content of the principle of typicality of public powers in the matter of administrative protection of public goods. In particular, the attitude of art. 823 of the Italian Civil Code to represent a legal basis for the exercise of enforcement powers, consistent with the principle of legality and typicality of public authorities...

Starting from the three important writings of the seventies of the Twentieth century, which had an enormous influence on the subsequent doctrine of commercial law and which introduced the typological method in Italy as a reaction to the dogmatism of the jurisprudence, we propose to establish whether and what is their legacy nowadays. Little, except for some respectful but insincere quotes in the footnotes in many later essays. The typological method arose a reaction against the late Nineteenth Century’s dogmatism, but it did not replace it...