Kelsen e il problema dei diritti

La logica del diritto by Luigi Ferrajoli is a reflection about both the Kelsenian theory and the current constitutional model. In these short remarks I will focus on the topic of subjective rights and fundamental rights (addressed by Ferrajoli in chapters IIIII). I will argue that, in Kelsen’s pure theory of law, the reduction of rights to their guarantees and the lack of a definition of fundamental rights are not aporetic features, but they are rather quite fitting with his traditional positivist view of law and legal system, not yet in line with the constitutional achievements.