Rights and democracy. In response to Anna Pintore

Journal title SOCIOLOGIA DEL DIRITTO
Author/s Luigi Ferrajoli
Publishing Year 2010 Issue 2010/1
Language Italian Pages 13 P. 179-191 File size 298 KB
DOI 10.3280/SD2010-001008
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Subjective rights - Fundamental rights - Lacunae - Antinomies - Democracy. In this essay, Luigi Ferrajoli replies to the critical remarks expressed by Anna Pintore in this journal (2/2009) about his Principia iuris and observes that such critiques, though insightful, are not convincing. Following Pintore’s argument, Ferrajoli divides his responses into two parts, devoted respectively to three questions of legal theory - i. e. rights, the relationship between ‘primary rights’ and ‘secondary rights’ and lacunae - and to three questions concerning the theory of democracy, i.e. his critique of the purely formal conception of democracy, the accusation that he theorised a "democracy for the people" as well as "of the people" and the relationship between the theory of law and the theory of democracy.

Luigi Ferrajoli, Diritti e democrazia. Risposta ad Anna Pintore in "SOCIOLOGIA DEL DIRITTO " 1/2010, pp 179-191, DOI: 10.3280/SD2010-001008