Search results for "natural law"

Costituzione,Democrazia e Diritto naturale

2011

Si esaminano due modelli principali di costituzionalismo legati alla neutralizzazione dell'incertezza della volontà o di quella della ragione. Si mostra l'attualità del metodo della ragionevolezza pratica derivante dalla tradizione del diritto naturale

Prólogo

2008

Los derechos humanos:¿una nueva forma de derecho natural?

2008

Nel sostenere la tesi che i diritti umani sono una forma di diritto naturale, si difende una particolare concezione del diritto naturale.

Neuroscienze e diritto naturale

2014

In the first three sections of this paper, the author examines the ambiguous usage of legal and moral terminology in the field of neurosciences. The fourth section is devoted to the analysis of the natural law tradition: obviously in this context naturalistic tendencies have been opposed and isolated by the forbiddance derived from the naturalistic fallacy argument. The question is whether neurosciences can attribute a new (by any chance different and debatable) role to the “nature” in law and morals.

Diritto naturale e liberalismo. Dialogo o conflitto?

2009

Confronto fra diritto naturale e liberalismo in tema di rule of law e di etica delle virtù

Helvetius

2014

This chapter is a brief summary of the political thought of Helvetius.

The dynamics of private property: between individual rights and common interests

2021

The present research explores the tension implicit in the right to property as an exclusionary right. The conceptualization of the right to property as a necessary component of individual freedom stands at odds with a universal exercise of the right in the context of scarcity. Both moral and economic considerations align in the necessity for property, but these justifications are of a principally divergent order. The natural law perspective is predominantly anchored in the atomic – the interest of the individual in personal freedom and well-being. The focal point of the economics approach is in the aggregate – the benefit to be reaped in the rights’ systematic application. The present work …

Aquinas (On Natural Law)

2019

The State Power and the Limits of the Principle of Sovereignty: An Historical Approach

2012

This chapter explores the notion of sovereignty and the limits of state power in the framework of criminal justice. It is not an easy enterprise to counter terrorism while respecting the rule of law and guaranteeing the security of citizens to the maximum extent possible without violating their fundamental rights. Theoretically, modern constitutionalism emerged to protect citizens from political abuses of power. In practice, however, fundamental rights are not always fully respected since the state is often tempted to exercise its power beyond legal boundaries. To limit the power of the state means to limit its sovereignty. Otherwise, the abuses of power by the state become inevitable. Surp…

Hugo Grotius – Individual Rights as the Core of Natural Law

2014

The Dutch humanist Hugo Grotius’ status as an important forerunner of the Enlightenment is well recognized, bolstered by his famous etiamsi daremus-dictum in the Prolegomena of De iure belli ac pacis. Less well known is that Grotius was the first central Protestant thinker to redefine the concept of ius, so that it was understood as individual or subjective rights. His understanding of ius as a personal moral quality, which he subsequently delimits as the expletive justice or perfect right to one’s own (suum), was given a pivotal role in his system of natural law. These concepts of ius and suum, which Grotius differentiates from other rationally derived moral principles, inspired John Locke…