Rosmini, la persona e i diritti

Abstract

Moving from the idea of justice that is inherent in every human being, the Author clarifies first the distinction between ethics and law – a distinction which finds its unity in the undivided essence of the person. Herein is rooted Rosmini’s anthropological foundation of law, summarised by the famous affirmation that the person does not have rights but «is subsistent human right». From here, two implications follow: i) the rights of every human being have a universal nature and ii) the State (against every absolutism and sovereignism) does not establish the individuals’ rights but recognizes and protects them, regulating the ways in which they are exercised.