Il superamento pragmatico dell'opposizione tra regole e princìpi

The aim of this paper is to show how the well-known distinction between rules and principles, seen as two kinds of norms, is inadequate. A principle, far from depen- ding on meaning contents, depends only on the actual use of norms in legal argu- mentation. The very same norms can be used either as principles or as fact qua- lifications. In a nutshell, instead of accounting for two kinds of norm, we have to account for two completely different styles of legal argumentation.