Rule of Law.Il governo della legge ieri e oggi

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Abstract

[automatically translated] In this review of the formula of the rule of law is meant to show that it must not be reduced to the identification of certain formal characteristics of the legal precepts and even enlarged so as to cover certain normative content of the right, but that it is intended to specify how It is practiced law. The use of the right is as important as the identification of the formal criteria of validity, and maybe even more of these. This line of thinking is illustrated by referring to both philosophical and legal tradition, from Aristotle to Thomas Aquinas, pointing out both the expansion of the formula of the rule of law even in contemporary political philosophy, particularly in the thought of John Rawls, is, finally, following its developments in contemporary law, marked by the supremacy of the constitutions, the pluralism of sources, by the internationalization of law and of the use of legal institutions in contexts in which the principle of reasonableness rivals the principle of authority. The law regards the one and the other and, therefore, proposed in view of the rule of law as the privileged regulator of a globalized world society.
Original languageItalian
PublisherGiappichelli
Number of pages167
ISBN (Print)978-88-348-1874-9
Publication statusPublished - 2011

Publication series

NameRecta Ratio

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