Silvia Niccolai

The Italian Feminist “Thought of the Differenceµ and the Law. Anti-Positivism in What Sense?

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The Italian feminist movement known as “the Thought of the Sexual Differenceµ has worked out conceptions, in the field of law, that are certainly very far from legal positivism and formalism. Could it be described, then, as a kind of legal realism? The article answers this question in the negative, arguing that this feminist thinking, centered on the aim of safeguarding the value of the subjective experience, refuses any instrumental conception of law.


  • Legal Realism
  • Legal Positivism
  • Formalism
  • Anti-formalism
  • Feminism and the Law


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