The Logical Foundation of Fundamental Rights and their Universality
- Luca Baccelli
- … show all 1 hide
Purchase on Springer.com
$39.95 / €34.95 / £29.95*
Rent the article at a discountRent now
* Final gross prices may vary according to local VAT.
This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris, and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the nature of subjective rights. The other issues discussed here is Ferrajoli’s own defence of the universality of fundamental rights, and how this is made to depend on a ‘normative technique’ that one can associate with legal discourse and modern law in Western societies. This, however, poses the problem of how this formal universalism can be reconciled with the intercultural dialogue that Ferrajoli also advocates.
- Bobbio, Norberto. 1995. The age of rights. Cambridge: Polity Press.
- Feinberg, Joel. 1966. Duties, rights, and claims. American Philosophical Quarterly 3: 137–144.
- Feinberg, Joel. 1970. The nature and value of rights. Journal of Value Inquiry 4: 243–257. CrossRef
- Ferrajoli, Luigi. 2001. Diritti fondamentali. Roma-Bari: Laterza.
- Ferrajoli, Luigi. 2007. Principia iuris. Teoria del diritto e della democrazia. 3 vols. Roma-Bari: Laterza.
- Hart, Herbert L. A. 2002 . Bentham on legal rights. In Rights and duties, I, Conceptual analyses of rights and duties, ed. Carl Wellman, 91–121. New York and London: Routledge.
- Hohfeld, Wesley N. 1964. Fundamental legal conceptions as applied in judicial reasoning. New Haven: Yale University Press.
- MacCormick, Neil. 2007. Institutions of law: an essay in legal theory. Oxford: Oxford University Press.
- The Logical Foundation of Fundamental Rights and their Universality
Volume 17, Issue 4 , pp 369-376
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Human rights
- Fundamental and patrimonial rights
- Axiomatic method
- Deontic logic
- Expectations and guarantees
- Intercultural dialogue
- Luca Baccelli (1)
- Author Affiliations
- 1. Scuola di Giurisprudenza, Università di Camerino, P.za Cavour 2, 62032, Camerino, Italy