La vulnerabilità al vaglio dell’argomentazione giuridica. Il caso Cappato

The observation based on the literature regarding the vulnerability category has shown that an ultimate definition of vulnerability is not simple, if not impossible. It might be argued, as Dworkin stated, that vulnerability is an interpretative concept. Provided that this is true, it is necessary to reconstruct the law underlying vulnerability starting from the analysis of a case.

To accomplish this, I have chosen the Cappato case. From its analysis and evaluation, some interesting observations emerge, not only relating to balancing, but also to the reali­zation that the law itself, when examining vulnerability, manifests its own vulnerability.

Keywords
Vulnerability – Theory of Legal Argumentation – Legal Reasoning – Dignity – Self-determination.