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FRANCESCO VIOLA

El Rule of Law como idea de Sociedad

Abstract

The Rule of Law must not be understood exclusively as a set of formal requirements, but also as a way of understanding the concept of law and legal theory, and more generally as a social practice that makes possible the respect of legal validity. Nevertheless, the Rule of Law does not meet all the components of the idea of law. Positive law claims to be right in content, even if this claim is not always satisfied. The Rule of Law and the claim of justice are necessary and ideal requirements of the concept of law.