Una filosofia del diritto per il Ventunesimo secolo: normatività e natura del diritto secondo Francesco D’Agostino

Abstract

The article examines the methodology and main findings of Francesco D’Agostino’s research on the nature of law. His account is scanned in the light of the classic tasks of legal philosophy and compared with some trends in the current debate among legal philosophers on the definition and the inquiry on the nature of law. The main topics examined are related to the guidance question; the definition of law as legal systems of norms; the issue of the duty to obey the law; the law beyond the State. From D’Agostino’s research on the nature of law some features of law emerge: the strict link with justice; the crucial role of recta ratio and the moderate importance of rules and norms; the open and universal character of law. All these features make possible to go beyond the State theory of law and offer important suggestions for legal philosophy in the Twentieth century.