Vol 18 No 1 (2018)
Focus

Three aporias (and some other question) in Luigi Ferrajoli’s works

Giorgio Pino
Law dpt., University of Roma Tre
Published July 22, 2018
Keywords
  • Luigi Ferrajoli,
  • Hans Kelsen,
  • democracy,
  • validity,
  • fundamental rights

Abstract

Luigi Ferrajoli has recently engaged in a comprehensive critical assessment of Hans Kelsen’s legal philosophy, and in the process he uses Kelsen’s (allegedly) mistaken ideas as a sort of springboard to make his own jurisprudential stance more compelling. In the present occasion I try, in turn, to put to test some key ideas from Ferrajoli’s legal philosophy, in particular Ferrajoli’s concepts of democracy, validity, and fundamental rights.