Abstract

The essay aims to stress the meaning of Nicola Matteucci in the domain of philosophy of law. Therefore it lingers especially over his criticism of positivistic-oriented general theory of law. The latter reduces law to a product of political power, eventually «entified» in the State. Instead, Matteucci reasserts the value of heterogeneity between law and politics, reconsidering the core lesson of jusnaturalistic thought. Hence, he deems constitutionalism as the appropriate ground to rebuild philosophy of law, so to think the juridical limits of power and therefore the exhausted historicity of modern juridical state-centred thought.