Abuse of law and legal interpretation

Abstract: The essay presents and criticizes, in general, Atienza and Ruiz Manero's theory of atypical torts. It then questions, more specifically, the normative theory that Atienza and Ruiz Manero have delineated on the abuse of law. The author bases his criticisms on a skeptical theory of legal interpretation and a non-objectivist meta-ethical approach.

Key words: Atypical unlawful acts - atienza y ruiz Manero - abuse of law - legal interpretation.

Abuse of Right and Legal Interpretation

Abstract: This essay presents and criticizes by and large Atienza's and ruiz manero's atypical torts theory. Then, more specifically, it disapproves of Atienza's and ruiz manero's normative theory concerning the abuse of right. The author's criticism is based on a skeptical theory of legal interpretation and a non-objectivist meta-ethical approach.

Keywords: atypical torts - atienza and ruiz Manero - abuse of right - legal inter- pretation

Article published in «Revista de Derecho Privado», No. 21, July-December 2011, pp. 107 to 118 edited by Universidad Externado de Colombia.

Paolo Comanducci

Visiting Professor of the Master's Degree in Constitutional Law UEES, of the International Diploma in the Theory of Legal Argumentation UEES- University of Genoa . Member of the Editorial Board of the JUEES Journal.

Professor Emeritus and former Professor of Philosophy of Law at the University of Genoa. Honorary doctorate from the National University of Córdoba, the Private University “Ada A. Byron”, the Autonomous University of Tlaxcala. Byron" Private University, and the Autonomous University of Tlaxcala. He has been vice-president of the International Association of Legal and Social Philosophy, dean of the Faculty of Law, dean of the School of Social Sciences and former rector of the University of Genoa.

He is co-director of the journals “Materiali per una storia della cultura giuridica”, “Analisi e diritto”, “Ragion pratica”. He has published among others the books: Razonamiento jurídico, 1999; Constitución y teoría del derecho, 2007; Hacia una teoría analítica del derecho. Selected essays, 2010; Studies on constitution and fundamental rights, 2016; Notes on contemporary legal theory, 2017; The dispute between positivism and neo-constitutionalism, 2018.