Indagini sul concetto di "diritto" tra pensiero classico e moderno : diritto soggettivo, proprietà e autorità in Luigi Taparelli d'Azeglio

This work is concerned with the concept of “right” considered in its relationship between the classic and the modern tradition. We think that the classic tradition supports a conception of right as a “concrete institutional order”. We refer to Aristotle and particularly to Saint Thomas Aquinas in order to put into the light that the modern thought rejected this unitary conception of right for a dualistic one, according to which “right” means sometimes “law”, sometimes “subjective right”. We examine the thought of Luigi Taparelli d'Azeglio (1793-1862) to show that, even in an Author that explicitly refers to the Scholastic tradition, there are many aspects that lead us to modern juridical and political thinking, in particular as we come to consider his theory of subjective rights, property and authority.