Yves-Charles Zarka

L'invenzione del soggetto di diritto

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Keywords:

Through a detailed analysis of the epistemologic and legal foundations of modern natural right theories the author shows that the modern discovery of the notion of the subject as owner of rights is possible only through the emphasis on the moral character of the subject. Right as "qualitas moralis" thus necessary implies the notion of reciprocity with other subjects and shows its irreconciliability to any physicalist or naturalist perspective. If it is true that modern natural right theories create and do not presuppose this notion, then we need to rethink the whole development of modernity.

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