La teoria promozionale del diritto, tra Italia e America Latina

• Autores: Mario G. Losano
• Localización: Teoria politica, ISSN 0394-1248, Annali 1, 2011, págs. 89-100
• Idioma: italiano
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• Resumen

  • The Incentive Theory of Law - Between Italy and Latin America In developing his theory of law and politics, Norberto Bobbio always addressed issues deriving from the economic sphere. Particularly significant from such a perspective is his theory of incentives in law. He developed this theory so as to go beyond the Kelsenian focus on the mere structure of law and so as to criticize the reductionism of those who see in legal norms only a repressive function. The author goes through the genesis of Bobbio's incentive theory of law and recalls the importance that the Argentinean Genaro Carriò had on it. The latter, in turn, was influenced by the movement of desarrolismo that considered law as an instrument for promoting a model of industrialisation in underdeveloped countries while avoiding the pitfalls of following just the interest of the mighty.