La giustizia come conflitto

Author/s Agostino Carrino
Publishing Year 2008 Issue 2008/2 Language Italian
Pages 20 P. 169-188 File size 169 KB
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Justice as Conflict - Discussing two recent books by Morris Ghezzi, the author highlights the limits of legal nihilism as an exhaustive explanatory tool wielded by the law in the last phase of modernity. In a certain sense, in practice, the intention expressed arbitrarily by a legal norm is at the very root of modern law, as it opposes its more intimately social genetic dimension. Ghezzi’s arguments provide a fruitful path towards critical thinking whose aim is to clarify the hidden contradictions, ambiguities and ideologies of contemporary legal science, in particular with regard to what is generally known as neoconstitutionalism, which constructs a conciliatory view of law and of the constitution as a terrain of intellectual exercise for professional hermeneutists judges or lawyers who pretend to know nothing of the social conflict and of the conceptions of the world that agitate modern society.

Agostino Carrino, La giustizia come conflitto in "SOCIOLOGIA DEL DIRITTO " 2/2008, pp 169-188, DOI: