Francesco M. De Sanctis

Paolo Grossi’s Post-Modern Constitutional Thought: Conceptualizing Right Beyond Legality

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The article retraces the main features of the reflection conducted by Grossi throughout his works, distinguishing three theoretical moments: first, the crisis of the two forms of individualism connected to the two subjects characterising the juridical and constitutional modernity (the owner-individual and the legislator-State); second, stemming out of that crisis, the revival of the concept of right with the recovery of the historicity that structures it, from the voluntarist abstraction of the law to its social and multilevel root that requires iuris prudentia (law finding versus law making); third, the development of constitutionalism and the post-modern role of the Italian Constitution, establishing the Republic, beyond the State.

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