Abstract

In this short essay, I move some critical observations to the book by Francesco Viola 1900- 1920. Una storia del diritto naturale. In particular, I criticize the way in which Viola defines “natural lawµ and, correlatively, “legal positivismµ. The key point of my critiques pivots on the argument purported by Viola that the definition of legal naturalism necessarily implies the thesis that “in natureµ there are legal elements even before positive law comes to existence. I argue, on the contrary, that natural law theory does not need such a premise; it can, I believe, hold a lesser claim, supporting some form of “ethical objectivismµ, which implies that objective moral values lie at the foundation of positive law