The metatheory of Fraternal Law by Eligio Resta, in light of Luigi Ferrajoli’s guarantism and constitutional democracy, as a force for confronting the exclusionary logic of power that fosters vulnerabilities addressed by Michel Foucault.

Abstract

This study investigates how Eligio Resta’s metatheory of Fraternal Law, in light of Luigi Ferrajoli’s penal guarantism and constitutional democracy, can serve as a force for confronting the exclusionary logic of power that fosters vulnerabilities, as analyzed by Michel Foucault. It starts from the hypothesis that incorporating the principle of fraternity expands Ferrajoli’s guarantism by adding an ethical dimension of solidarity and inclusion that strengthens the limitation of state power, and that the articulation of these approaches promotes the construction of an inclusive legal culture capable of unveiling and challenging exclusionary dynamics, fostering nonviolent practices and mutual recognition. To achieve these objectives, the study analyzes the logic of power and the formation of vulnerable groups from Foucault’s perspective, presents the metatheory of Fraternal Law as a theoretical-practical force for confrontation, examines the contribution of guarantism and constitutional democracy to the realization of fundamental rights, and proposes normative and practical implications for strengthening an inclusive and solidaristic justice.