In the complex philosophy of Giambattista Vico, reflexion about law, especially based on Universal Right (1720-22), occupies a central, often undervalued place. It allowed to ricognize theoretical dignity for practical action, to rediscover methodological peculiarity of moral sciences and cognitive power of common sense, against the main coordinates of Scientific Revolution: Cartesian rationalism, libertine skepticism, materialistic utilitarianism. Away from technicality, Vico’s legal point of view sketched the Divine Circle among three elements of divine and human learning (nolle, velle, posse) which corrisponded to three fundamental rights (dominion, tutelage, liberty). Jurisprudence Origins, Circularity and Constancy showed the path of redemption from original sin and led back humanity to the synthesis of philosophy and philology, true and certain. Vico’s Natural Law of Nations is an historical law: it essentially materialized in Roman juridical experience, which was founded on religious grounds, i.e. paternal power, marriages, bonds. The most significant legacy of Vico’s legal lesson consists in analysis of language, pioneering attention to anthropology, trust in the immanent historicity of the entire life of law and civil institutions.
Giambattista Vico (1668-1744)
Miletti Marco Nicola
2021-01-01
Abstract
In the complex philosophy of Giambattista Vico, reflexion about law, especially based on Universal Right (1720-22), occupies a central, often undervalued place. It allowed to ricognize theoretical dignity for practical action, to rediscover methodological peculiarity of moral sciences and cognitive power of common sense, against the main coordinates of Scientific Revolution: Cartesian rationalism, libertine skepticism, materialistic utilitarianism. Away from technicality, Vico’s legal point of view sketched the Divine Circle among three elements of divine and human learning (nolle, velle, posse) which corrisponded to three fundamental rights (dominion, tutelage, liberty). Jurisprudence Origins, Circularity and Constancy showed the path of redemption from original sin and led back humanity to the synthesis of philosophy and philology, true and certain. Vico’s Natural Law of Nations is an historical law: it essentially materialized in Roman juridical experience, which was founded on religious grounds, i.e. paternal power, marriages, bonds. The most significant legacy of Vico’s legal lesson consists in analysis of language, pioneering attention to anthropology, trust in the immanent historicity of the entire life of law and civil institutions.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
