Francesco M. De Sanctis

Legal Fundamentalism?

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Abstract

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.

Keywords

  • Absolutism
  • Codification
  • Interpretation
  • Legislation
  • Sovereignty

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