Res Publica 17 (4):311-315 (2011)
This symposium presents the work of the Italian legal philosopher, Ferrajoli, to the English speaking public. Ferrajoli’s work offers a reflection on law and the constitutional democratic state from a post-positivist perspective, applying the axiomatic method to the theory of law and democracy. Besides his systematic approach, Ferrajoli’s theory is remarkable for a number of original and interesting reflections that he offers on the relationship between normativity and facticity, and on how to reconcile foundamental rights and democracy. In both respects, his work has similarities in scope, if not in approach and not always in substance, with that of Habermas
Keywords Post-positivist legal theory  Axiomatic method   Garantismo  Fundamental rights  Democracy  Social contract
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DOI 10.1007/s11158-011-9165-z
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