Abstract

The author, with the reflection of St. Thomas as his point of departure, retrieves the central concepts of law and of nature, and with these develops a critique of modern presentations of law and of the State. In particular, relying on relationship as constitutive of human experience, he arrives at a radical critique of any concept that attributes to the State the founding role of juridical experience. In this way, overturning the thought expressed by St. Thomas, he develops implicit presuppositions from it and so arrives at the total rejection of any juridical legitimation of the death penalty as the most complete expression of the effort to «remove a righ t to have rights»