Axiological Impact Analysis of Legal Regulations and Policies. A Seminal Case-Study from Land Law for a Mathematical Theory

摘要

This paper offers a seminal case-study of an elementary legal micro-system composed of estate property right and right to privacy. We intend to decompose the structure of such legal positions, identifying their most basic factors and logical relations and adopting a mathematical model for the quantitative analysis of law that we have recently introduced, still to be validated by the scientific community. We will describe the conflicts among identical legal values (property right vs. property right) and different legal values (property right vs. privacy right), originating by a claim to open a window next to the land boundary. Comparing two possible regulatory options for this pattern of conflict, we will be ultimately able to unveil the truly legal nature of each option (status personarum policy vs. axiological balancing policy), as well as the axiological (in)-efficiency of every devised solution. This method might lead the way to more extensive implementations of mathematical analysis in the realm of axiological impact deriving from legal regulations and policies.