Fabio Massimo Nicosia

The Legitimate Interest as a Claim to a Share of Common Good in a Regime of Scarcity

  • Abstract

Informations and abstract

Keywords: Legitimate Interest, Scarce Means, Individual rights, Common Good.

The paper ascertains that a general theory of the «legitimate interest» is held not to exist in current philosophy of law and legal dogmatics. Contrary to such a widespread opinion, the paper defends the view that not only does a general theory exist, but it is a classical liberal institution, devoted to providing a limit to the powers of the public sector. According to the view proposed in the article, legitimate interests and individual rights can coexist only if goods are abundant for everyone. Otherwise, legitimate interests emerge as the subjective legal status for excellence, aiming at distributing the scarce means at disposal.

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