The Logical Foundation of Fundamental Rights and their Universality

Res Publica 17 (4):369-376 (2011)
Abstract
This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris , and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the nature of subjective rights. The other issues discussed here is Ferrajoli’s own defence of the universality of fundamental rights, and how this is made to depend on a ‘normative technique’ that one can associate with legal discourse and modern law in Western societies. This, however, poses the problem of how this formal universalism can be reconciled with the intercultural dialogue that Ferrajoli also advocates
Keywords Human rights  Fundamental and patrimonial rights  Axiomatic method  Deontic logic  Expectations and guarantees  Intercultural dialogue
Categories (categorize this paper)
DOI 10.1007/s11158-011-9170-2
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 27,651
Through your library
References found in this work BETA
The Nature and Value of Rights.Joel Feinberg & Jan Narveson - 1970 - Journal of Value Inquiry 4 (4):243-260.
The Age of Rights.Norberto Bobbio & Allan Cameron - 1997 - Revue Philosophique de la France Et de l'Etranger 187 (1):120-121.
Duties, Rights, and Claims.Joel Feinberg - 1966 - American Philosophical Quarterly 3 (2):137 - 144.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index

2011-10-22

Total downloads

24 ( #210,688 of 2,169,421 )

Recent downloads (6 months)

1 ( #345,461 of 2,169,421 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Order:
There  are no threads in this forum
Nothing in this forum yet.

Other forums