Mauro Barberis

Neoconstitutionalism, Third Philosophy of Law

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Informations and abstract

Keywords: Philosophy of Law, Constitutionalism, Ethics, Principles, Balancing.

At present there is a third philosophy of law, other than natural law and legal positivism, which I label neoconstitutionalism, and others describe as constitutionalism, nonpositivism, theory of law as integrity or as interpretation, inclusive positivism, postpositivism, and so on. In the last section I consider how neocostitutionalists could answer questions on philosophy of law proposed in this first issue of the Journal of Legal Philosophy; the other sections of this paper provide a further reconstruction of neo-constitutionalism, after my contributions of 2011, and against Ferrajoli and Guastini. In the first section, the paper distinguishes neoconstitutionalism from constitutionalism, old and new; in the following three sections it reconstructs neoconstitutionalist stances on law-moral problem, theory of norms, and legal reasoning analysis

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