Francesco M. De Sanctis

Legal Fundamentalism?

  • Abstract

Informations and abstract

Keywords: Absolutism, Codification, Interpretation, Legislation, Sovereignty.

By using the word "fundamentalism", we can refer to a doctrine which implies absolute fidelity to the rules of a revealed religion. In this case, in no way Jurisprudence can be fundamentalist. At the same time, the above impossibility affects all those theories that advocate absolute obedience to law - as an expression of the will of a sovereign legislator - or rely on code making, as they intend to reduce Jurisprudence to a mere exegesis of the words used by the Lawgiver. As a matter of fact, our era does not seem to allow legal fundamentalism. That is why, what we have to fear is religious and economic fundamentalism, in order not to face a dramatic change in our conception of law and justice.

Trova nel catalogo di Worldcat

Article first page

Article first page