The paper discusses various criticisms that are frequently leveled against the so-called “age of rights” – i.e., the contemporary legal and political doctrine that places funda-mental rights at the center of legal and political discourse, and that shapes legal institu-tions accordingly (written, rigid constitution, judicial review of legislation, etc.). After providing a definition of the main features of the age of rights, the author discusses and tries to rebut the principal critical stances on this topic, mainly by making use of the theoretical tools deployed by contemporary analytical jurisprudence on legal rights and legal reasoning.
Pino, G. (2013). Crisi dell'età dei diritti?. ETICA & POLITICA, XV(1), 87-119.
Crisi dell'età dei diritti?
PINO G
2013-01-01
Abstract
The paper discusses various criticisms that are frequently leveled against the so-called “age of rights” – i.e., the contemporary legal and political doctrine that places funda-mental rights at the center of legal and political discourse, and that shapes legal institu-tions accordingly (written, rigid constitution, judicial review of legislation, etc.). After providing a definition of the main features of the age of rights, the author discusses and tries to rebut the principal critical stances on this topic, mainly by making use of the theoretical tools deployed by contemporary analytical jurisprudence on legal rights and legal reasoning.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
