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15Rules, Institutions, Transformations. Considerations on the &ldquoEvolution of Law&rdquo ParadigmRatio Juris 10 (3): 316-350. 1997.
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16Institutionalism as alternative constitutional theory: on Santi Romano's concept of law and his epigonesJurisprudence 11 (1): 92-100. 2020.Volume 11, Issue 1, March 2020, Page 92-100.
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26Human Rights: Existential, Not MetaphysicalRatio Juris 31 (2): 183-195. 2018.My paper consists of four sections. The first is concerned with the distinction and connection between fundamental and human rights. Here I shall just introduce a few conceptual notions and definitions that are more or less widely used, but that may help us to frame the issue and better focus on the most relevant question of the foundation or justification of human rights. In the second and third sections I will present what I believe to be the four fundamental normative situations that shape ou…Read more
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3Nostalgia for the Homogeneous Community: Karl Larenz and the National Socialist Theory of ContractEuropean University Institute. 1993.
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M. A. GRANADA, "Cosmología, religión y política en el Renacimiento"Filosofia Oggi 13 (2): 331. 1990.
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"M. GARCÍA MORENTE, "El "hecho extraordinario" y otros escritos" (review)Filosofia Oggi 11 (1): 201. 1988.
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K. L. MICHELET - T. STRÄTER, "La società filosofica di Berlino e gli hegeliani di Napoli" (review)Filosofia Oggi 10 (3): 489. 1987.
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A. PEPERZAK, "Autoconoscenza dell'assoluto. Lineamenti della filosofia dello spirito hegeliana"Filosofia Oggi 12 (3/4): 573. 1989.
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430The Hierarchical Model and H. L. A. Hart's Concept of LawRevus 21 141-161. 2013.Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up a more libera…Read more
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41Institutionalism Old and NewRatio Juris 6 (2): 190-201. 1993.The author deals with the legal theoretical approach that has been labelled “legal institutionalism.” An old and a new version of this approach are singled out: The old one is identified with the theory defended by the Italian public lawyer Santi Romano in the first half of this century; the second one is seen in the recent work by Ota Weinberger and Neil MacCormick. After a short presentation of Romano's work, his ideas and the development proposed by MacCormick and Weinberger are compared. Sim…Read more
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26Democracy and Tensions. Representation, Majority Rule, Fundamental RightsRatio Juris 8 (3): 373-396. 1995.
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31
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39On Two Distinct and Opposing Versions of Natural Law: "Exclusive" versus "Inclusive"Ratio Juris 19 (2): 197-216. 2006.This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural-law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural-law theories,” in which the positive law is a constitutive moment in that it ide…Read more
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46Global Citizenship? Political Rights under Imperial ConditionsRatio Juris 18 (2): 236-257. 2005.
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University of HullRegular Faculty
Areas of Interest
Philosophy of Law |