Abstract

Does referring to the "boundary" (Scheidung) still make sense? Where is the boundary between law and non-law? And between the legislation and the jurisdiction? And who decide these boundaries? Stefano Rodotà has written many pages about these topics trying, especially in his last book (2012), to link these questions to the human rights issue. The aim of this paper is to explore Rodotà's perspective by analyzing two decisions taken by the Italian Court of Cassation, in order to stress the role of legal argumentation for the protection of human rights.