The title of the following essay echoes one of Bobbio’s most famous books, and emphasizes one of its main issues: that of providing a “foundation” for the idea of rights. This essay summarizes what Bobbio means by “the age of rights” and presents his principal criticisms of any supposedly “absolute foundation” for rights. In exploring the notion of an age of rights without foundations Bobbio raised a number of crucial issues that effectively anticipated the contemporary debate around problems concerning the (...) historical transformation of rights and the origin of these rights in specific social processes, the deontological status of rights and the connection between rights and duties, the contrast between universalism and relativism, the relationship between different “generations of rights” and social rights, and the international protection of rights in relation to the idea of “institutional pacificism.” To pursue further reflection and enquiry along these lines would be a way of remaining faithful to the spirit of Bobbio’s teaching. But in order to do so it would also be necessary to question some of the methodological assumptions of Bobbio’s work: normativism in the area of jurisprudence, neopositivism in the field of epistemology, and the analytical approach in the history of ideas. (shrink)

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. (shrink)