Sober Considerations on “Ductile Law”
DOI:
https://doi.org/10.4454/wmm5qm42Keywords:
principle, judicial application of principles, interpreting facts, moral knowledgeAbstract
The paper discusses a number of conceptual issues raised by Gustavo Zagrebelsky’s book Il diritto mite (1992, new impression 2025), a milestone in the constitutional theory of our time. Namely: the concept of a principle as distinguished from a rule; judicial application of principles; the so-called “interpretation of facts”; the idea of “moral knowledge”.
Published
2026-10-22
Issue
Section
Essays
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