La normatividad de la costumbre. Normatividad, racionalidad y arbitrariedad

Mattei-Gentili, Piero
This doctoral thesis consists of an analysis of custom as a source of norms, as well as the implications that this has when we affirm that custom is a source of law and that, therefore, among the norms that make up the law of a society are customary legal norms. To this aim, the first chapter explores the conceptual conditions of what we call «customary rules». The second chapter examines the way in which customary norms can be adopted or recognized by a legal system to become properly «customary legal norms». The third chapter investigates the role of customary norms as the basis of legal systems. The fourth chapter delves into the philosophical (conceptual) foundations that allow us to say that the law is a conventional product and that, as such, it necessarily recurs and requires customary (conventional) norms to exist. The fifth chapter tackles the elements that the doctrine has traditionally considered necessary to identify customary legal norms and seeks to provide an explanation of these elements that is analytically consistent. Finally, since it is often said that custom is the primary source of public international law, the sixth chapter seeks to transfer the results obtained from the previous chapters to provide an explanation to some of the main dilemmas faced by the dogmatics of international law. ​
​L'accés als continguts d'aquesta tesi queda condicionat a l'acceptació de les condicions d'ús establertes per la següent llicència Creative Commons: