Is universalism respectful of cultural differences attainable? It does not seem possible to ignore the need for normative justification (thus, moral theory) when we venture into the social and political critics arena. By their very nature, arguments that we must inevitably use in the moral sphere must be included in a wider theoretical framework in order to demonstrate that criticisms do not merely depend on circumstances, nor satisfy suspect ideological goals. Continue reading
The bounds of law 1 – ‘Law’ is not omnipotent within the social field and everything happens, according to societies and times, in the infinite variety of inclusion and exclusion relationships with other normative systems. Next, the issue of the so called ‘science of Law’ appears in the current epistemological range that must combine with other sciences: this shows that Law does not have a position overlooking all other disciplines, but has relations of cooperation, competition and hostility, according to the disciplines and the moments, creating questionable bounds. The only possible posture might be that of a certain epistemology like Michel Foucault when trying to think of the emergence of human sciences in Western history. Continue reading
Hannah Arendt ‘Il dominio totale si raggiunge quando la persona umana è sottoposta alla disintegrazione dalla sua personalità juridica.’
In « The Origins of Totalitarianism », Hannah Arendt writes that the “the first step on the road to total domination is to kill the juridical person in man“.The assertion describes an eternal and absolute truth to be found in contemporary, complex and globalized legal systems. Everything began, however, at the beginning of Modern Age, and yet immemorial, on the misty Olympus of rights. Indeed, in the realm of the subjective rights, many of them urged to belong to the upper caste, that of the fundamental rights, and among which, some claimed, due to a kind of natural precedence, to be entitled to the leading position, whether that it was hierarchical or simply logical. The elite believes to be constituted of the non-derogable or inalienable rights listed in the European Convention on Human Rights or the International Covenant on Civil and Political Rights.