Il metodo nel diritto del lavoro. La lezione di Luigi Mengoni
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In the tought of Luigi Mengoni the subject of legal method assumes a central importance and its applications concern the main themes of labour law as well as those of civil law. In the reasoning of the decisions taken during his activity of constitutional judge Luigi Mengoni applied the idea of linking the legal framework and the case. According to the ermeneutic hypothesis he has held that dogmatic assumptions such as the problem of values impact on the «pre-comprehension», interpreted as the main aptitude of judges. In this context Luigi Mengoni has developed this approach in many judicial decisions relating to the fields of both employment and social security laws. According to Luigi Mengoni theory, the ermeneutic problem must be solved taking into account the consequences of the decisions as well as the rationality of the legal system on the whole.
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