Sober Considerations on “Ductile Law”

Authors

  • Riccardo Guastini Università di Genova

DOI:

https://doi.org/10.4454/wmm5qm42

Keywords:

principle, judicial application of principles, interpreting facts, moral knowledge

Abstract

The paper discusses a number of conceptual issues raised by Gustavo Zagrebelsky’s book Il diritto mite (1992, new impression 2025), a milestone in the constitutional theory of our time. Namely: the concept of a principle as distinguished from a rule; judicial application of principles; the so-called “interpretation of facts”; the idea of “moral knowledge”.

Published

2026-10-22

Issue

Section

Essays