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THE CONCEPT OF “LEGAL ORDER” AND “LEGAL SYSTEM” BETWEEN PRINCIPLES AND GENERAL CLAUSES IN THE POST-MODERN ERA: A PHILOSOPHICAL APPROACH.

Giacomo Cipriani

21 Oct 2025

1) The idea of legal system: starting from T. Hobbes; 2) Some preliminary considerations on the role of logic in the construction of the legal system; 3) Principles and general clauses: some semantic aspects; 4) The Crisis of the Legal System. Two Case Studies: One Italian (on Principles) and One German (on General Clauses); 5) The Legal “System” from a gnoseological, epistemological and ontological perspective; 6) The problem of the completeness of the legal system read from general clauses and principles; 7) Is ordering law a narrative activity?

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Giacomo Cipriani is Ph.D. candidate at the University “Magna Graecia” of Catanzaro and Teaching Assistant in Philosophy of Law and Legal Methodology at the Catholic University of Milan. Emails: giacomo.cipriani@studenti.unicz.it, giacomo.cipriani@unicatt.it.