Regola giuridica

English translation: Legal rule

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08:03 Mar 29, 2018
Italian to English translations [PRO]
Law/Patents - Law (general) / Legal theory
Italian term or phrase: Regola giuridica
Hi all, I'm working on a biographical text on a legal theorist in 19th-century France and the term "regola giuridica" appears in this sentence:

Tale costruzione ha come effetto, sul versante giuridico, la convinzione che sia possibile elaborare la *regola giuridica* a partire dalla figura teorica di un individuo astratto, avulso da ogni con-testo storico, a prescindere dalla realtà concreta che lo circonda e condiziona; che la norma, in altre parole, possa essere instaurata ex nihilo, prescindendo dalla storia e dalla società, pretendendo cioè di affrancarsi dai vincoli della realtà.

I've found this definition in Italian: https://it.wikiversity.org/wiki/Le_regole_giuridiche
But am having a hard time finding the equivalent in English. Does anyone out there know?

Thanks!

Katherine K.
toasty
Italy
Local time: 19:01
English translation:Legal rule
Explanation:
Hi Toasty!
As far as I know from the the lawyer I work with, the Common Law is "that body of law derived from judicial decisions of courts and similar tribunals" (from Wikipedia) rather than expressly from Codes. "Regola giuridica" is a sort of rule of conduct. Documents published on the Official Journal of the European Communities show this definition. Hope this can help!
Selected response from:

Daniela Albanese
Italy
Local time: 19:01
Grading comment
Thank you Daniela, the links were very helpful
4 KudoZ points were awarded for this answer



Summary of answers provided
5Legal norm
Susanna Radogna
3Legal rule
Daniela Albanese


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
Legal rule


Explanation:
Hi Toasty!
As far as I know from the the lawyer I work with, the Common Law is "that body of law derived from judicial decisions of courts and similar tribunals" (from Wikipedia) rather than expressly from Codes. "Regola giuridica" is a sort of rule of conduct. Documents published on the Official Journal of the European Communities show this definition. Hope this can help!


    Reference: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:1...
    Reference: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:1...
Daniela Albanese
Italy
Local time: 19:01
Native speaker of: Native in ItalianItalian
PRO pts in category: 4
Grading comment
Thank you Daniela, the links were very helpful
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6 hrs   confidence: Answerer confidence 5/5
Legal norm


Explanation:
The text seems to refer rather to the concept of norm instead of a general rule.
For the difference between the two see the link below.


    Reference: http://lsolum.typepad.com/legaltheory/2009/09/legal-theory-l...
Susanna Radogna
United States
Local time: 12:01
Works in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 4
Notes to answerer
Asker: Thanks for answering Susanna, the link was really helpful to understanding the complexity of legal norms/rules/etc. I've gone with "legal rules" for this specific sentence, but as your link shows the two terms seem to almost be interchangeable.

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