Building on the renewed interest in the thought of the French civil law schol- ar René Demogue (1872-1938), this paper offers a comprehensive theoretical reinterpretation of his work, focusing, in particular, on his general design of legal order and on the role played within it by the notion of legal subjectivity. Adopting a phenomenological approach, the analysis first elucidates the core features of Demogue’s legal framework, highlighting its structural reference to the interaction between the socio-historical dimension and legal technique. It subsequently develops, in line with his distinction between a subject of en- joyment and of disposition, fruitful avenues as to how his approach can con- tribute to current private and public law debates concerning the attribution of subjective rights to non-human entities and to future generations.
il soggetto si dice in molti mo(n)di. Riscoprire la teoria dell'ordinamento giuridico di René Demogue in chiave fenomenologica
menga, ferdinando
2025
Abstract
Building on the renewed interest in the thought of the French civil law schol- ar René Demogue (1872-1938), this paper offers a comprehensive theoretical reinterpretation of his work, focusing, in particular, on his general design of legal order and on the role played within it by the notion of legal subjectivity. Adopting a phenomenological approach, the analysis first elucidates the core features of Demogue’s legal framework, highlighting its structural reference to the interaction between the socio-historical dimension and legal technique. It subsequently develops, in line with his distinction between a subject of en- joyment and of disposition, fruitful avenues as to how his approach can con- tribute to current private and public law debates concerning the attribution of subjective rights to non-human entities and to future generations.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
