Positivismo e costituzionalismo. Una rilettura della critica di Matteucci a Bobbio = Positivism and Constitutionalism. A Reconsideration of the Contrast BetweenMatteucci and Bobbio Articles uri icon

publication date

  • June 2024

start page

  • 223

end page

  • 234

issue

  • 2

International Standard Serial Number (ISSN)

  • 0394-7297

abstract

  • The contrast between Matteucci and Bobbio anticipates a debate that will be developed
    later, presenting a precursor character. It concerns the compatibility between positivism
    and constitutionalism; or, rather, the capacity of positivism to explain the Law of constitutionalism.
    On the other hand, the discussion between the two philosophers can be
    considered a good example of the tension between the general and the particular that
    affects the philosophy of Law. The question that arises is to what extent this circumstance
    can reduce the force of Matteucci's critique, since philosophical reflection on Law
    must be aware that legal experience is not reduced to the context of constitutionalism.
    Based on these premises, three questions are addressed: Matteucci's "iusnaturalism";
    the role of the judge and the challenge of balance; and the concept of the Constitution.

subjects

  • Law

keywords

  • norberto bobbio; nicola matteucci; positivism; constitutionalism