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In this essay Lucio Franzese affirms that the principle of subsidiarity plays a very important rule in Francesco Gentile’s Philosophy of Law. According to the Author, the Paduan Philosopher recognizes to political, judicial and administrative institutions an auxiliary rule in respect to individual autonomy.
In this sense Gentile’s view seems to be incompatible with the dominant idea that positive law is the only source of social order. The roots of subsidiarity – Franzese notices – must be searched in the natural disposition of man to good. In force of this disposition man can give rules to his behavior and the external institutions – including laws – only hold an auxiliary function.