Brief Critical Reflections and Dialogues on Luigi Ferrajoli’s Work: “The Constitution of the Earth”

Abstract

In today's globalized world, increasingly complex, like a "troubled river" caused, especially by the vagaries of the market, which, in their course, end up generating war, environmental and social degradation, the need for a solid and fair international legal order becomes more evident. The work of Luigi Ferrajoli, particularly his proposal for a “Constitution of the Earth”, offers a profound and original vision on how to build this order. In this work, a critical dialogical exploration is made of Ferrajoli's central ideas and their relevance in the current context. The 21st century has witnessed an intensification of global challenges, from climate change to social inequalities and armed conflicts. Given this panorama, the question of an international legal order (which already has antecedents in jusphilosophical and juspolitical currents: Vitoria, Kant, Kelsen, Habermas, Rawls, etc.) that guarantees peace, justice and human rights, becomes more urgent than ever. Luigi Ferrajoli, in his work The Constitution of the Earth, offers an ambitious and provocative answer to this question. Through a detailed analysis of his proposal, this research seeks to contribute to the debate on the construction of a more just and democratic world order.