*I must confess that, when Professor Massimo La Torre invited me to speak at the European University Institute about positivism and communitarianism, I felt at first both flattered and puzzled. Flattered because I have written quite extensively about the two subjects and it is always good for an author that there remains some interest in discussing further what one has dealt with. Puzzled because I never dealt with the two topics together, and, at first sight, they seemed to me to be so far apart from each other that I envisaged the risk of treating them in a merely juxtaposed way. But the invitation of Professor La Torre to relate both issues proved, after all, to be very wise indeed. This lecture was given at the E.U.I. in Florence on 22 April 1993.
Positivism and Communitarianism: Between Human Rights and Democracy*
Version of Record online: 2 AUG 2007
Volume 7, Issue 1, pages 14–40, March 1994
How to Cite
NINO, C. S. (1994), Positivism and Communitarianism: Between Human Rights and Democracy. Ratio Juris, 7: 14–40. doi: 10.1111/j.1467-9337.1994.tb00163.x
- Issue online: 2 AUG 2007
- Version of Record online: 2 AUG 2007
The author deals with theoretical connections between legal positivism and communitarianism. Such connections prove to be relevant not only for a better understanding of these two trends of thought but also in order to throw light on important philosophical issues like human rights and democracy. Deep links are traced and recognized between the so-called positivism “in action,” and especially its ideological thesis, and communitarianism.