Perché l’Europa è condannata a vincere Premessa allo studio delle ricadute del pensiero di Emanuele Severino nella dottrina giuspubblicistica

Why Europe is condemned to win. Foreword to the study of the effects of Emanuele Severino's thought on the doctrine of public law

Abstract

One year after the death of Emanuele Severino, the article attempts to indicate some two lines of research, starting from an evaluation of the Severino's thought impact on legal disciplines. The first line consists in a rethinking of the problem of the foundation of the legal order: it is hypothesized that Severino's work contributes to clarifying the concept of Grundnorm and overcoming some important objections raised to Kelsen’s Doctrine. The second line concerns the political role of the European jurist. If legal nihilism is a destiny, which now envelops the whole world, it is in Europe that it has its roots and is lived with the deepest awareness on the part of the scientific community. In this sense, the commitment of jurists to the politicization of the European political space becomes central, in view of a desirable increase in the weight of Europe on a global level.