The essence of law and right in the light of the proposals of Sergio Cotta, Michel Villey and Javier Hervada: final reflections

Abstract

We study the proposals of Cotta, Villey and Hervada on the essence of law and right. First of all, some common lines are highlighted between them: the relationship between law, right and justice, the need for an ontological look, the specificity of the juridical with respect to morality and politics, the relevance of juridical philosophy for the juridical science. Then we describe the three approaches in their diversity: the ontophenomenology of law in Cotta, the classic juridical realism in Villey and Hervada, also suggesting a comparison between both. Finally, we offer some propositional considerations that try to show the relevance of these proposals, underlining that right is inherent in real relations between people, and the centrality of the conception of right as a juridical good, that is, as a good of the other which is object of justice.