El zuletiano análisis del derecho

Kristan, Andrej
Text Complet
This is a comment on Legal Dynamics and Identity, an article authored by Hugo Zuleta and published in the same volume of "Analisi e diritto". The first part of the comment is a critique of Zuleta's proposal, which was presented as an alternative to the standard theory of legal order based on a distinction, made by Alchourrón and Bulygin, between a legal order and a legal system. In the second part, the author purports to reject three objections that Zuleta raised against the standard theory. He defends the disambiguation of "Law" into legal order and legal system, the benefits of defining legal order as a sequence of systems, and the idea that sequences have non extensional identity conditions. The author then concludes, against Zuleta, that legal orders preserve their identity even though new systems are added to the sequence ​
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