Abstract

This contribution deals with the theme of ‘sovereignty’, especially state sovereignty, as a problematic concept that, from legal modernity onwards, falls into crisis and determines multiple aporias. According to the theoretical constructions of the two authors here considered in a diachronic key, Kelsen and Ferrajoli, it should be overcome in favour of an internationalist dimension of law, which can effectively guarantee the protection of fundamental rights and peace, thus approaching the horizon that Kant outlined at the end of the 18th century. This contribution will therefore set out several reasons why such a shift is desirable.

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