The evolution line of the Three-Dimensional Theory of Law

Abstract

The article begins by treating of the sources that have inspired the Three-Dimensional Theory of Law, of the versions of the Italian masters Icilio Vanni, Giorgio Del Vecchio and Adolfo Nová and the question that came from the benches of Academia on the essential problem relating to the structure of juridical experience, of the need to go beyond a methodological discrimination to arrive at the juridical reality itself. It criticizes then the kelsinian view of Law, conceived as a simple rule, besides a short history of the evolution of the notion of a Three-Dimensional Structure and of the dialectics of the three elements and the consequences: fact - value - rule; rule - value - fact; rule - fact - value. It broaches next the themes of the influence of the phenomenology of Husserl and the question of Lebenswelt in his thought, of the existential dialectics of Law, that this author studied in his essays, Studies in the Philosophy and Science of Law, Natural Law/Positive Law and Experience and Culture. It treats after that of the problem of juridical rule under several aspects. The article ends with the question of the use of Three-Dimensionalism for the analysis of any cultural activity and gives examples from the practice of Law. It finishes by communicating the publishing of his new work A new phase of Modem Law, in which he tries to treat more extensively of the problems of Justice.