Francesco D'Agostino

L'obbligo giuridico e il paradigma della tradizione

  • Abstract

Informations and abstract

Keywords: Traditionalism; Natural Law Theories; Positivism; Modernity.

Traditionalism and Natural Law Theories have in common some features. Both are (problematically) searching for the law foundation. According to the former, foundations are to be found in historic facts; according to the latter, in those limits that nature imposes on human actions. Their main differences are connected to the discriminatory and local validity of law foundation in the case of traditionalism, and the universal scope of Natural Law Theories. After comparing these two approaches, the Author examines the crisis of Modern Thought, between the pushes of the new traditionalisms and the contingency of law in Positivist approaches.

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