Reading Radbruch’s Philosophy of Law: The Usefulness of Moral Conflict and Contradictions for the Constitutional State
by Valerio Nitrato Izzo
pp. 210-219 Issue 17 (9,1) – January-June 2022 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: http://dx.doi.org/10.14718/SoftPower.2022.9.1.10
Abstract
In this short paper, in occasion of the Italian translation of Radbruch’s Rechtsphilosophie, I will offer a reading of his main work, in particular by looking at how Radbruch was able to glimpse the possibility of moral conflict and the impossibility for a constitutionally founded law to always being able to offer a juridically and morally satisfactory answer as an authentic puzzle for the philosophy of law, anticipating issues as incommensurability and tragic cases.