Tre esercizi di disincanto giusfilosofico

On Methodology and Civil Law. A Philosophical Perspective by Vito Velluzzi

Abstract

The contribution critically examines three central concepts of private law through the analytical lens proposed by Velluzzi: in claris non fit interpretatio, the merit of interests in atypical contracts, and the abuse of rights. The author highlights the argumentative inadequacy that often characterizes the application of these categories, advocating for a more rigorous and systematic approach. First, the uncritical assumption that textual clarity exempts interpretation is challenged. The analysis then underscores the superficial treatment of the notion of merit, frequently reduced to vague formulas lacking true systemic grounding. Finally, the abuse of rights is framed as a case of “teleological reduction,” requiring a sophisticated interpretive reconstruction based on the gap between legal norms and their underlying justifications. The discussion emphasizes the need for greater accountability on the part of the legal interpreter.