Sulla fondazione dei diritti fondamentali. Fra giusnaturalismo e giuspositivismo

Author/s Ermanno Vitale
Publishing Year 1 Issue 2000/2 Language Italian
Pages 14 P. File size 39 KB
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The essay is a contribution to the debate on the theory of fundamental rights started by Luigi Ferrajoli's article which appeared on this journal (II, 1998). The reply by Ferrajoli to a first set of critiques raised as renewed interest for the issue of the epistemological foundation and the worldview underlying general theory of law. Vitale tries to check, through the classic arguments put forward during the long contest between natural and positive law, wether the new paradigm proposed by Ferrajoli does not presuppose a foundation which is at least partly built ont the elements and the view of the world which belong to rationalism and modern doctrine of natural law. These elements appear to be the (philosophically) necessary premise to successfully defend, against ethical relativism and cultural particularism, the universality of fundamental rights and the normative function of the theory of law as Ferrajoli himself conceives it.

Ermanno Vitale, Sulla fondazione dei diritti fondamentali. Fra giusnaturalismo e giuspositivismo in "TEORIA POLITICA" 2/2000, pp , DOI: