The essay concisely goes over the historical and juridical circumstanceswhich have accompanied the evolution of freedom. Thescope of the research is limited to the consitutional tradition of someMember States of continental Europe. The work takes its start fromthe distinction highlighted by F.A. v. Hayek among medieval freedoms (pre-liberal concept of freedom) and “rationalist” and “constructivist”freedoms. Most part of the essay is devoted to “constructivist”liberalism of continental Europe and analyses some of themost relevant theories which have been proposed (such as Montesquieu,Kant, etc.), verifying their correspondence and effectivenesswith constitutional history. The conclusions is that the juridicalevolution of freedom is crossed by a latent tension: on one hand,the shattering of its actual historical experience; on the other hand,the attempt of the scholars to reduce such experience to a unity. Ahint of confirmation may be found in the law of the European Union,which intends to interpret the meaning of freedom on the basis ofconstitutional traditions, with a comparative method. Such intention,though, ends by replacing the historical and juridical experienceof freedom with a normative decision, rationally justified fromthe necessity to reduce the system to unity.[...]
Appunti per uno studio sulla libertà nella tradizione costituzionale europea
DI SALVATORE, Enzo
2007-01-01
Abstract
The essay concisely goes over the historical and juridical circumstanceswhich have accompanied the evolution of freedom. Thescope of the research is limited to the consitutional tradition of someMember States of continental Europe. The work takes its start fromthe distinction highlighted by F.A. v. Hayek among medieval freedoms (pre-liberal concept of freedom) and “rationalist” and “constructivist”freedoms. Most part of the essay is devoted to “constructivist”liberalism of continental Europe and analyses some of themost relevant theories which have been proposed (such as Montesquieu,Kant, etc.), verifying their correspondence and effectivenesswith constitutional history. The conclusions is that the juridicalevolution of freedom is crossed by a latent tension: on one hand,the shattering of its actual historical experience; on the other hand,the attempt of the scholars to reduce such experience to a unity. Ahint of confirmation may be found in the law of the European Union,which intends to interpret the meaning of freedom on the basis ofconstitutional traditions, with a comparative method. Such intention,though, ends by replacing the historical and juridical experienceof freedom with a normative decision, rationally justified fromthe necessity to reduce the system to unity.[...]I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
