Teleological conceptions of law in jurisprudence: towards a classification

Journal title SOCIOLOGIA DEL DIRITTO
Author/s Gianmarco Gometz
Publishing Year 2012 Issue 2011/3 Language Italian
Pages 37 P. 7-43 File size 256 KB
DOI 10.3280/SD2011-003001
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The idea that law cannot be understood, or even defined, without taking into account its role as a means to an end is the common tenet of many conceptions of law: namely those that, at some level, assign central importance to the instrumental role of law in respect to variously identified and qualified ends. This article attempts to classify these teleological conceptions, although without any claims to completeness. The proposed reconstruction is preliminary to an analysis of the reasons that lead us to consider the teleological dimension as important or even necessary for answering to the question: what is law, in general?

Keywords: Teleological conceptions - Law’s ends - Functions of law - Social control - Technical language

Gianmarco Gometz, Le concezioni teleologiche del diritto nella letteratura teorico-giuridica. Osservazioni analitiche per una classificazione in "SOCIOLOGIA DEL DIRITTO " 3/2011, pp 7-43, DOI: 10.3280/SD2011-003001