Piero Marino

The Fragility of Regulatory Action

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Abstract

The essay addresses, on a legal philosophy perspective, the possible interweaving between the metaphorical meaning and the working meaning of the notion of vulnerability, especially focussing on the critical-hermeneutic relevance, which it has taken over the last decade. Building upon Habermas’s essays about legal reasoning and Lifeworld, this paper aims at highlighting a formulation of the category which combines both the transformations of society and the critical-hermeneutical requirements of the law. It finally shows that the notion of vulnerability plays a central role with regard to the specific modern law’s value of individual autonomy.

Keywords

  • Vulnerability –
  • Criticism –
  • Hermeneutics –
  • Legal Reasoning –
  • Lifeworld –
  • Autonomy –
  • Modernity

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