ON INTERPRETATION AND PRINCIPLES AGAIN

Abstract

Changes in production processes of law and the structural modification of the source system put in question the model of law designed by the 19th century legal positivism, based on the legislative monopoly in the creation of law and in consideration of process of application of law as a process of formal subsumption. In this new scenario, the time of application and hermeneutics of law acquire a central role. In the complex new functions assumed by the interpreter of law to try to rebuild the unity and coherence of the complex legal systems, now fragmented and incomplete, the recovery of the self-regulatory role of the legal principles becomes an essential requirement. The author illustrates the renewed role of the principles with examples of constitutional law, tax law and civil procedural law.