From the Sense of Justice to Juridical Feeling

by Arianna Alpini

During the pandemic the moral demands of human beings have been disappointed by the law because the emergency has imposed many restrictions on rights, especially on freedom of assembly and association to the point of preventing assistance to family members in hospital and during funeral rites. This situation has reproposed the question regarding the separation between law and morality which recalls the relationships between feeling and law. Italian doctrine has studied the topic assuming the juridical relevance of feeling when it conforms to social conscience. Considering some of the most important approaches on the relationships between feeling and law, this paper attempts to prove that the relevance of feelings is not based on social recognition but depends on its impact on experience. Feeling is a source of knowledge in concrete human life, and consequently, feelings are always relevant legal matters.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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