Possibilità e limiti di una teoria critica dei diritti. Riflessioni su Diritto e violenza di Christoph Menke

The critical theory of rights elaborated by Christoph Menke in Law and Violence refers to the tradition of the Frankfurt School and extends her scope to the phenomenon of law, revealing its intrinsic relationship with violence. However, Menke's analysis seems to lack historical-conceptual depth when it addresses the destinal relationship between law and violence. Furthermore, the proposal of a relief of law seems to limit itself to the Hegelian logic of essence, without managing to reach the speculative level of the concept.