The article starts from Giampiero Proia’s essay on the blurred link between rights and duties to develop an analysis of the concept of duty from a historical-philosophical perspective. Duty, from an archaic figure of sacrifice in the name of the homeland (Iphigenia in Aulis) in modernity becomes the fulcrum of Kantian moral philosophy (Metaphysics of customs) based on respect for the person, and later an element of the Hegelian category of "recognition". Legal positivism is identified with the unstoppable growth of rights and the decline of duties, and this trend is accentuated by the tendencies of legal nihilism in which the economic sphere excels over other social spheres, impressing a subjectivistic and utilitarian vision of human action. The thesis we want to propose consists in a revival of the doctrine of duties by enhancing mutual recognition in an institutional key, thanks to which the subjects of law attest their own rational subjectivity and their own freedom.
Elogio del dovere (tra libertà e riconoscimento)
adalberto perulli
2022-01-01
Abstract
The article starts from Giampiero Proia’s essay on the blurred link between rights and duties to develop an analysis of the concept of duty from a historical-philosophical perspective. Duty, from an archaic figure of sacrifice in the name of the homeland (Iphigenia in Aulis) in modernity becomes the fulcrum of Kantian moral philosophy (Metaphysics of customs) based on respect for the person, and later an element of the Hegelian category of "recognition". Legal positivism is identified with the unstoppable growth of rights and the decline of duties, and this trend is accentuated by the tendencies of legal nihilism in which the economic sphere excels over other social spheres, impressing a subjectivistic and utilitarian vision of human action. The thesis we want to propose consists in a revival of the doctrine of duties by enhancing mutual recognition in an institutional key, thanks to which the subjects of law attest their own rational subjectivity and their own freedom.File | Dimensione | Formato | |
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