On Codification and Justice in Antonio Rosmini’s «Filosofia del diritto»

On the Reception of Second Scholasticism in his Thought

Abstract

This article investigates the presence of some aspects arising from the reception of the legal doctrines of the Second Scholasticism in Rosmini’s Filosofia del Diritto. In this sense, beyond the abundant late scholastic sources referred to by Rosmini, the affinity of Rosmini's notion of law with that of Suárez stands out above all, as well as the importance of justice as an ethical criterion of positive law. Finally, the distrust that the codification project, then in vogue, aroused in Rosmini is also noted.