Who Integrates Whom, in What and, above all, Why? A Critical Reflection on The Paradigm of Multiculturality and on The Epistemologic Foundations of Legal Comparison

Abstract

The paradigm of inclusion dominates the contemporary legal lexicon. A fundamental role in this sense is
played by legal comparison, divided betweenrelativism and neo-natural law. At the basis of the inclusivist
positions there is the idea of a neutral public space that logically precedes political will. This is a self-
contradictory thought. The root of public space, according to the Western Tradition, lies in a voluntary act.
For this reason, the restoration of a Foundation of Public Space is impossible today, as well as a Foundation
of a new Natural-Law: we are living is the age of reticular positivism. So, we have to discover the political
role of the Jurist in Western Civilization. The case of citizenship.