Universalità dei diritti: un paradigma complesso

In order to avoid any kind of hypocrisy about the gap between juridical theory and actual practice, this paper begins with a critical position towards Law, showing how problematic is the notion of universality of rights and how such notion is in debt with historical circumstances, with a distinction between what is and what ought to be, and with a Eurocentric or Western project about rights. Then, due to the fundamental moral nature of rights and to the cultural pluralism within our societies, this paper suggests to look for a "lowest common and shared morality" and to use it to support the point of view of a universal Law, together with legal systems where individual dignity and value are safeguarded.

Universalità dei diritti: un paradigma complesso Articles