Ripensare il diritto alla luce della giustizia

Abstract

Understanding the crisis of modernity as a crisis of justice, the article explores some reactions against formalism, justice as the legal form par excellence, particularly constitutionalism, that nevertheless stay within the paradigm of State law. Other forms of the presence of justice can be recognized in contemporary legal philosophy: the universality of human rights as a historical phenomenon; the justice of the concrete case; the emergence of the rule of law; and the return of the virtues of jurists.