Eighteenth International Conference on Interdisciplinary Social Sciences

Abstract

Modern political theory defined a state as a sort of juridical state of affairs. This crucial idea has been left out in contemporary legal theory given the complexity of constitutional systems. This ends up creating a gap between what people do (sociology of law, as Ferrajoli would term it) and what the law should assure (from a dogmatic perspective). This gap presents dire problems not only regarding the validity of the constitutional system, but effective fundamental rights-preserving policies. This study develops a formal model that can be used to evaluate policies against the background of the fundamental rights that condition the interactions of relevant agents in the public sphere: a community that may or may not find fundamental rights as binding, and an administrative territorial agent that executes policies in the territory. The output of the model should help the administrative agent to select the most reasonable strategy, given a contextualized notion of fundamental rights, that is, one that is coherent with the communitarian practices (and therefore, the motivations and interests of the people that belong to them).