It is hard to say that Simone Weil was concerned with law – and not surprisingly legal scholars pay little attention to her thought. Indeed, she is too harsh against institutions which are pivotal in modern democracy – political parties – and she is too prone to see law as something not so different from violence, to be of great importance among lawyers. Yet, taking Simone Weil into account from a legal perspective is by no means without interest: she foresaw some trends in contemporary constitutionalism as, for example, the decline of general legislation and the growing prominence of judicial power; and she still offers a valuable contribution – both critical and constructive – to ongoing legal-philosophical debate, as, for instance, the criticism about human rights rhetoric or the appeal to social justice duties.
Alle origini del costituzionalismo contemporaneo: il contributo di Simone Weil
BISOGNI GIOVANNI
2020
Abstract
It is hard to say that Simone Weil was concerned with law – and not surprisingly legal scholars pay little attention to her thought. Indeed, she is too harsh against institutions which are pivotal in modern democracy – political parties – and she is too prone to see law as something not so different from violence, to be of great importance among lawyers. Yet, taking Simone Weil into account from a legal perspective is by no means without interest: she foresaw some trends in contemporary constitutionalism as, for example, the decline of general legislation and the growing prominence of judicial power; and she still offers a valuable contribution – both critical and constructive – to ongoing legal-philosophical debate, as, for instance, the criticism about human rights rhetoric or the appeal to social justice duties.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
