Abstract

OROZCO ARCIERI, Carlos Andrés. The legal positivism in the early writings of Alessandro Baratta. From the defense against the alleged responsibility of totalitarianism to the criticism of the restricted model of legal science. Rev. Derecho [online]. 2012, n.38, pp.271-309. ISSN 0121-8697.

This article presents the results of the analytical review of the early writings of Baratta related to legal positivism. We are interested in highlighting the perspective from which Baratta examines the crisis of legal positivism in the post-war period and its relationship to the totalitarian period. In addition, we seek to demonstrate the attitude of Baratta confronted with the analytical Italian school: from a defense of legal positivism in front of the alleged responsibility for the totalitarianism of the 20th century, a serene trial developed in their first monographs, to the criticism of the restricted model of legal science present in their theoretical work on the relationship between be - ought be.

Keywords : Philosophy of criminal law; legal positivism.

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