An Axiomatic Theory of Law

Abstract

This paper presents in outline Luigi Ferrajoli’s axiomatic and general theory of law, as developed in his lifelong work Principia Iuris. The first section focuses on the three main aspects of the theory: the methodological, the theoretical and the pragmatic, which respectively represent theory’s syntax, semantics and its pragmatics. Ferrajoli identifies three deontic gaps of norms: firstly, the one between their validity and efficacy; secondly, the one between their justice and validity; and finally, and most importantly, the one between validity and existence (i.e. normative force). The presence of such gaps is, according to Ferrajoli, the extraordinary innovation that entrenched constitutions have brought in modern legal systems, by establishing norms that are superior to statutes and case law. In this sense, all normative phenomena (except for the constitution itself) can be conceived both as norms and as facts. In the second the role of juridical science is briefly discussed.

Keywords: Axiomatisation, General Theory of Law, Deontic Gap, ‘Unlawful Law’, Juridicial Reason