Collective moral damage and moral damage: distinction given by constitutional hermeneutical constructure

Abstract

This paper aims at focusing on the concept of collective moral damage through what is here called constitutional constructure, which from a zetetic approach and constitutional interpretation overall intends to review available meanings from the legal order and, in case of explanatory insuficiency, to select metadogmatic arguments in order to finally come to conclusion that the constitutional concept, based on the caring society, is larger than the perspective relating it to diffuse, collective stricto sensu and homogenous individual rights.