Il ruolo della teoria nella positivizzazione dei diritti umani: attualitŕ e limiti della proposta di Norberto Bobbio

Abstract

The paper focuses on Bobbio's argument against the possibility and the usefullness of human rights foundation/justification. This argument is criticized from both an external and the internal point of view. First, the Author questions the identification between finding a conclusive foundation for human rights and justifying human rights, since it causes a complete deny of the role of theory in understanding human rights as well as in giving them a precise content and a legal form. Then the Author argues that (i) justification of rights is implied by their judicial application and evolution; (ii) some important points in Bobbio's thought the meaning attached to crucial notion, such as equality and liberty, the link between rights, peace and democracy need the importance of theory is defended.