Gustavo Zagrebelsky: La legge e la sua giustizia
Rights and Politics

The Law and its Justice


ISBN: 9788815273307
publisher: Il Mulino
year: 2017
pages: 419

 

According to Zagrebelsky, law has a dual soul: legal judgment always incorporates evaluations of material justice and thus does not exhaust itself in the application of legislative formulas. Those evaluations are not prejudices or influences to be avoided, but essential components of what is to be understood by law, and as such must be cultivated openly, restoring the authentic dualist structure of law. This dualism is reflected par excellence in the judicial use of the Constitution, where the material justice component of law is evident. The judge is therefore not - and should not be - the pure technician of the laws, but a responsible person to the culture of his time.

«A great overview, developed with a masterful hand: a highly cultured and original survey... which I would take the liberty of recommending to anyone who wants to navigate our present». Aldo Schiavone

 

Translations

Gustavo Zagrebelsky: La ley y su justicia
Trotta 2014