Desacuerdos teóricos e interpretación del derecho

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In a relatively recent article, Giovanni Battista Ratti criticized the way the problem of legal disagreements was treated in Anglo-Saxon scholarship. Also, he presented an alternative reconstruction of the phenomenon in which most disagreements are ideological instead of theoretical. In our opinion, Ratti's paper benefits from the conceptual instruments of Genoese legal realism to clarify the problem and to point out important matters as much as it drags its shortcomings, given that some of his distinctions are questionable and lead him to unduly exaggerate the controversial character of law. Within the framework of a hartian positivist theory, we argue that the best explanation of legal disagreements is based on noticing that there are different levels of disagreement and that not all of them have the same nature ​
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