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The Italian Legal SystemAn Introduction, Second Edition$
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Michael A. Livingston, Pier Giuseppe Montaneri, and Francesco Parisi

Print publication date: 2015

Print ISBN-13: 9780804774956

Published to Stanford Scholarship Online: May 2016

DOI: 10.11126/stanford/9780804774956.001.0001

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The Italian Style: Doctrine

The Italian Style: Doctrine

Chapter:
(p.142) Chapter Five The Italian Style: Doctrine
Source:
The Italian Legal System
Author(s):

Michael A. Livingston

Pier Giuseppe Monateri

Francesco Parisi

, Mauro Capelletti, John Henry Meryman, Joseph M. Perillo
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804774956.003.0005

This chapter traces the development of a distinct Italian “style,” which is characterized by an inclination toward legal positivism; a reluctance to consider nonlegal disciplines, notably philosophy, economics, and the remaining social sciences, in legal scholarship; and a tendency, extreme even by civil law standards, to elevate doctrine over case law. These tendencies result, in turn, from a combination of French and German influences and specifically Italian traits, including the long period in which Italy lacked a central governmental authority and relied on scholars (“doctors”) of law to maintain continuity.

Keywords:   doctrine, philosophy, social sciences, France, Germany, civil law standards, legal positivism

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