Nr. 2/2018FRANCESCA DI LELLA Unaccompanied foreign minors: private instruments for the protection of cultural identities
Nr. 2/2018PIERO MARINO Legàmi: Logos and Law in the Time of Secularisation. On the Ratzinger-Habermas Dialogue
Summary:
1. The dialectic of law and morality: an ever open question - 2. The dichotomy between being and ought-to-be - 3. The ethicality of positive law
ABSTRACT
The Kelsenian perspective of 'decanting' the legal system from all political, religious and moral encrustations comes up against the great crimes that the Nuremberg trial executed in the name of natural law. If the value of law is absolute with respect to the value of justice, is a science of positive law possible from the moment we no longer question 'right' law?
KEYWORDS
Kelsen, positive law, ethics, Hobbes
