Gregorio Peces-Barba's general theory of fundamental rights

a French perspective

Abstract

Gregorio Peces-Barba’s general theory of fundamental rights does not have a lot of resonance in France. This article try to explain it. A first reason is lie to the fact that his theoretical proposition is far to the concerns, on the one hand, of legal dogmatics, which essentially focuses its work on the technical study of law, and, on the other hand, of the few French legal theorists or philosophers. A second reason may be that the concept of “fundamental rights” constructed and defended by Peces-Barba is quite different from the one that has finally widespread in France and that, anyway, it is not object of a significant theorisation, nor of a unified understanding.