Twelve questions on Principia iuris

Abstract

This work responds to several critics which were directed to Principia iuris. Six answers deal with meta-theoretical issues and another six with theoretical. The first ones refering to: 1) the justification of the axiomatic method within the construction of the formal theory of Law; 2) the suitability of the official theory to support a normativist and realistic juridical theory; 3) the scientific legitimacy of the internal approach of juridical science and the external one of the political philosophy, the sociological law and the political science; 4) the specificity of the positive juridical science or dogmatic regarding other empirical sciences; 5) the configuration of the constitutional paradigm as an effort of juridical positivism and 6) the juridical demand of completeness of the positive law by the current constitutional legislation. The second ones refer to theoretical issues, 1) to the paradigm of democratic constitutionalism, 2) the concept of equality, 3) the problem of antinomies and legal gaps, 4) the relationship between freedom and property, 5) the concept of federation and the prospective of European construction. Finally, it concludes with some references regarding Ferrajoli’s intellectual and political course.