Riflessioni su alcune fonti della Seconda Scolastica nella "Filosofia del diritto" di Rosmini. B. Note sul diritto, tra facultas e potestas

This paper presents the results of an initial exploration of the hypothesis that the legal theories of Sec-ond Scholasticism influenced Rosmini’s Philosophy of Right. To this end, the history of natural law and right science has been revisited from a Rosminian point of view so that his original theory can be contextualized, and then some of his definitions of the essence of right have been considered. These definitions are compared with conceptions of ius developed by leading thinkers of the Spanish Siglo de Oro, who define ius in terms of facultas or potestas. It is worth pointing out that Rosmini does not refer to these thinkers in his analysis of the subject.