Francesco Zanetti

The Limits of Law. Aspects of Contemporary Debate

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Abstract

The paper considers the idea of the limits of law by distinguishing internal limits to what the law may do and external limits to what it can do. It is possible to view legal systems as something without limits, because of their own narrative of autonomy and independence, yet it is still true that there must exist others narratives (i.e., the religious one) that law itself can acknowledge. The limits of law can therefore dwell in this acknowledgment of such alternative narratives. Such limits are therefore neither reassuring borders, nor protective walls: they are, rather, implied in this pluralism of narratives (inherent in such practices like conscientious objection or civil disobedience, that do not realize, per se, any such limit) acknowledged by the law.

Keywords

  • Limits of Law
  • Licere/Posse
  • Legal Impossibility
  • Conscientious Objection
  • Civil Disobedience

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