SULLA CRISI DELL’ORDINAMENTO GIURIDICO E SULLA «METAMORFOSI » DELLA PRETESA IN DIRITTO
di Rudi Di Marco
(Università degli Studi di Udine)


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Abstract

The ontologycal deficency of a modern legal sistem determines his temporariness and his fragility. The positivistic sistem, in fact, renouncing at the ontological foundation in the principal of justice, and pretending to be self-sufficient, it is structured as a formal apparatus of the sovereing power; it is reduced to a instrument for realiziong the strongest will. The negative freedom, id est the freedom exercised without any limit, rapresented the ideological background of the political and juridical modernity. Then, the freedom of the individuals is opposed to the power of the State; in fact the citi-zens accept the limit of the laws, for the reasons of civil cohabitation , but, at the same time, they demand that the politically institution guarantee them areas of immunity from law.