The article aims at delving into the concept of a concrete ‘case’ within the general framework of the theory of interlegality. The argumentation starts from the acknowledgment that it is not possible to identify in advance and in abstract terms the rule governing the case, and according to which it should be adjudicated: in the interlegal scenario no other ordering criterion can be ascertained but for a reference to the interplay of regulatory claims in respect of the ‘facts of the case’. The analysis firstly focuses upon the concept of the case from a theoretical point of view. It then highlights the relationship between facts as empirical ground and the case as the result of the qualification by multiple normativities. Lastly, after stressing the importance of ascertaining facts in order not to misunderstand the content and import of legal cases, it explains why in the interlegal scenario a paradigm shift can be acknowledged: from the abstract rule valid in a given jurisdiction, to the centrality of the case for the identification of the law governing it.

The Importance of Being A Case. Collapsing of the Law upon the Case in Interlegal Situations

di martino, A.
2021

Abstract

The article aims at delving into the concept of a concrete ‘case’ within the general framework of the theory of interlegality. The argumentation starts from the acknowledgment that it is not possible to identify in advance and in abstract terms the rule governing the case, and according to which it should be adjudicated: in the interlegal scenario no other ordering criterion can be ascertained but for a reference to the interplay of regulatory claims in respect of the ‘facts of the case’. The analysis firstly focuses upon the concept of the case from a theoretical point of view. It then highlights the relationship between facts as empirical ground and the case as the result of the qualification by multiple normativities. Lastly, after stressing the importance of ascertaining facts in order not to misunderstand the content and import of legal cases, it explains why in the interlegal scenario a paradigm shift can be acknowledged: from the abstract rule valid in a given jurisdiction, to the centrality of the case for the identification of the law governing it.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11382/547012
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
social impact