Una problematizzazione gius-filosofica dell’adempimento del dovere
29-47
Abstract: A Legal-Philosophical Problematization of the Fulfillment of Duty
This paper addresses the legal-philosophical issue of the legal arrangement of duty fulfillment. The central idea is that the adoption of a certain normative-value approach (broadly political) at the time of the decision, rather than another, determines the extent of the operative margins of the justification provided by Article 51 of the Italian Criminal Code, resulting in differentiated levels of punishability for the acting subject who finds themselves fulfilling their duty.
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