Law and justice

27 Aug

Human systems are in crisis because if in rhetoric there are new forms of sophistry, populism is a complex of sophistry, and they have always appeared in the crises of the polis, our justice that comes from the Roman Empire, with strong idealistic and positivist colors, cannot remain on a line of coherence, there is always a double interpretation according to the defendant.

This is due to populism in the current context, more broadly, in the absence of an ethical approach as proposed by Paul Ricoeur, neither the deontological system that claims to be exempt from any metaphysical aspect, nor the

This aim proposed by Ricoeur, as already explained, is not restricted to the field of personal freedom, because by the very requirement of universality it must have a “coercive effect”, this is applied by a force of law, but it is not limited to ethics either ” institutional”, since there must be a set of “estimated good” actions, for example, each person has an intrinsic dignity, death and violence are not fair resources for coercion, and there may be borderline cases, etc.

But an estimated good action, difficult in times of polarization is one that comes from a golden rule, do not do to the other what you would not like to be done with you, there must always be the possibility of discussing the contradictory always, even in actions ” good estimates” and there must be a prevalence of the community over the individual, without embarrassment or excessive “coercive force”, different cultures interpret what is good differently

The limiting and unacceptable discriminatory point, in addition to the sophistry that since antiquity has recourse to rhetoric and the force of persuasion, but demagoguery and public lie, for example, that which omits cases of appropriation of public property as a clear case denial of the common good.

Governance over natural goods and resources that are national or even planetary heritage, not only nature, but also museums, libraries, historic buildings, whatever cultures they may be, cannot be seen as acceptable.

This deontological legalism (which would be justified by the ends), is also present in the Christian biblical narrative, the Pharisees and teachers of the Law asked Jesus about the customs of washing hands, of following the “tradition of the ancients”, as in the passage of the evangelist Mark (7,5-7):

“Why do your disciples not follow the tradition of the ancients, but eat bread without washing their hands?” and Jesus replied: “Well did Isaiah prophesy of you, hypocrites, as it is written: ‘This people honors me with their lips, but their heart is far from me. The worship they render me is useless, as the doctrines they teach are human precepts’. you forsake God’s command to follow the tradition of men”.

For no one can love the God who does not see if he does not love the Other (neighbor) who sees (1 John 4:20).


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