Abstract

According to the author it is impossible to address the current problems of legal philosophy (and therefore to answer the question posed by the Editors) without embracing an optimistic notion of philosophy tout court, grounded on a substantial notion of truth. This is not intended merely to provoke traditional legal-positivist scholars, but implies the clear understanding that there can be no rational thought about law without an underpinning rational anthropology, and no law at all without solid existential roots in the human condition. The only way out therefore seems to be a natural law theory open both to history and to a notion of transcendence. (Abstract by Gf. Zanetti)