Norberto Bobbio: an inclusive positivist?

Abstract

The object of this study is a reading of Norberto Bobbio’s theory of law in light of the distinction between exclusive and inclusive juridical positivism proposed by Wilfrid J. Waluchow in Inclusive legal positivism (1994) and considered by Alexy the most important division in relation to the relation between law and morality in the scope of positivism. It is questioned whether in Bobbio’s view morality is necessarily excluded from the concept of law. In order to deal with this question, one proceeds in a deductive way, having as a premise the above classification and, as minor premises, works of the philosopher of Turin of diferente moments of his intellectual trajectory. Thus, different resp