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Diritto e teologia. Congetture e ritrattazioni

digital Diritto e teologia. Congetture e ritrattazioni
rivista JUS
fascicolo JUS - 2013 - 2
titolo Diritto e teologia. Congetture e ritrattazioni
editore Vita e Pensiero
formato Articolo | Pdf
online da 02-2013
issn 00226955 (stampa)
€ 6,00

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This article aims at investigating the connection among science of law, moral obligation and the theological concept of the relationship with the neighbour in a new way. First, it brings into question the limits of the modern separation between law and morality. The notion of moral obligation and, consequently, the connection between freedom and justice characterize the fundamental category of human responsibility, which is the basis both of morality and legality. In the constellation of modern society the individual foundation of moral obligation establishes itself in connection with the anonymous sovereignty of the economic rules, which govern social relations. This contradiction demeans the force of moral obligation, which is the basis of individual human dignity, and enhances the anonymous power of the utilitarian and technocratic policies of the social bond. This paper emphasizes the importance of the high mediating function of law in society. Law represents a concrete mediation among the political utopia of community, the Christian prophecy of agape and the moral obligation of justice. Therefore it does justice to the human quality of relationships, which should be a common purpose and need of every communities.