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Theory and sociology of law: a dialogue with Luigi Ferrajoli

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Keywords: Luigi Ferrajoli – Criminal question – Sociology of law – Feminist theory – Equality.

The dialogue between the author and Luigi Ferrajoli has been going on for more than 40 years, and has covered three thematic areas: the “criminal questionµ, the sociology of law and the feminist critique of law. As to the first, Ferrajoli’s lessons are synthesized in his proposal for a “minimalµ penal law, based on the separation between law and morals as the basis of juridical civilization. With regard to sociology of law, Ferrajoli’s reading of legal positivism – seen as the result of a process of secularization which culminates in the contemporary Constitutional State – is of central importance. Finally, it has always been Ferrajoli’s ability to productively debate with feminist thought, especially by reinterpreting the relationship between equality, differences and inequalities.

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