Right, true, reasonable
The perception of justice in the global era
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Contents
- Indice
- Annamaria Rufino
- 1. Introduction
- 2. The socio-institutional crisis
- 3. The uncertainty of the Law
- 4. The fight for Justice
- 5. Conclusion
- Right, Truth and Reasonable
- Karl-Heinz Ladeur
- 1. Subjective Rights and Their Entrenchment with the Generation of Order
- 2. The Subjective Right and the Blind Spot of a Systems Theory of Law
- 3. Justice - beyond the system of subjective rights?
- 4. Justice in Derrida and Levinas
- 5. The Inequality of the Distribution of Resources as a Challenge to Justice?
- The Transsubjective Function of Subjective Rights – The Impossibility of Justice
- Kristin Henrard
- 1. Introduction
- 2. Equality, Non-discrimination, Proportionality and Levels of Scrutiny
- 3. Various manifestations of the prohibition of discrimination
- 3.a. Indirect discrimination
- 3.b. The duty to differentiate as flowing from the prohibition of discrimination
- 4. Conclusion
- Reasonableness and the Right to Equal Treatment: ever changing and “globalizing” Perspectives
- Eugenia Relaño Pastor
- 1. Introduction
- 2. What role does and should religion play in the legal sphere of a liberal democracy?
- 3. Religion and Classical Liberalism
- 3.a John Locke
- 3.b. John Stuart Mill
- 3.c. John Dewey
- 4. Contemporary liberals: John Rawls
- 5. What happens if religious people speak publicly in their own sectarian language about public matters? Should “conservative religions” be integrated into the public square?
- 6. How to accommodate religious pluralism in a multicultural citizenship?
- 7. The limits of multicultural legal accommodation
- 8. A possible new path: What other forms of legal tolerance of religious difference can be imagined?
- Religious pluralism in liberal democracies: Should the diversity of religious and secular conceptions of the good in a multicultural citizenship be privatized?
- Bill Hughes
- 1. Introduction
- 2. Ableism and Disgust. The Emotional Roots of Injustice
- 3. Modernity, disgust and the unjust
- 4. Conclusion
- Disability. The Struggle for Justice and the Right to be
- Vittorio Olgiati
- 1. Foreword
- 2. Looking for truth, reason and justice. Or how to ascertain the “nomen rei” and the “nomen intentionis”
- 3. The notion of truth as fact-value: from ontology to constructivism
- 4. The notion of reason as a fact/value: from finalism to selectivity
- 5. The notion of justice-through-law as a fact/value: from transcendence to contingency
- 6. Computational evaluation procedures: “functional equivalents” of truth, reason and justice ?
- Truth, Reason and Justice: Operational Tools for Legal Expertise?
- Maria Rita Bartolomei
- 1. Foreword
- 2. Research design and working method
- 3. Complexity
- 4. Fragmentation
- 5. Contingency
- 6. Concluding remarks
- Changing Conceptions of Justice in Court Disputes: from Formal to Responsive Settlements
- Flora Di Donato
- 1. Introduction
- 2. Logical and pragmatic legalism
- 3. From the scientific revolutions to the theory of law: the emergence of a constructivist perspective of knowledge
- 4. The construction of facts in the trial
- 5. Types of narrators and types of narratives in the trial
- 6. Conclusions
- The Facts in the Trial between Reality and Narration
- Raffaello Santagata
- 1. Equality, discrimination and the religious factor in the new European Union framework
- 1.1 Protection from discrimination and religious organizations
- 1.2. The definition of “religion” and “Weltanschauung”
- 2. Freedom of religion, employment contracts and Weisungsrecht
- 3. Freedom of religion, Lay education and employment law
- 4. Protection from discrimination and religious organization
- 4.1 A recent ruling of the Hamburg Arbeitsgericht
- 4.2 Selbsbestimmungsrecht as the basis for the legitimation of different forms of treatment
- Discrimination in the workplace and the “religious factor”. The German experience
- Paola Ronfani, Roberto Cammarata, Roberta Bosisio
- 1. Foreword
- 2. From theoretical approaches to research
- 3. Survey findings at a glance. Moral dilemmas
- 4. Is stealing worse than deceiving?
- 5. The case of von Kleist’s “Michael Kohlhaas”
- 6. Some final comments on our findings
- Moral dilemmas and representations of justice in young people
- Ciro Pizzo
- The perception of social justice between insecurity and irregularity of working
- Vito Marcelletti
- The Reasons of Law
- Samuele Animali
- 1. A clandestine Institution?
- 2. From conflicts to rights
- 3. Erubescimus sine lege loqui
- The Ombudsman: law, rights and accountability
The series Nomos aims to welcome reflections and analysis of changes in
the normative tissue that characterizes the global reality. These first two
volumes pick up the Proceedings of the Congress “Giusto, Vero, Ragionevole.
La percezione della giustizia dell’era globale” / “Right, True,
Reasonable. The percpetion of justice in the global era”, held in San Leucio
- Caserta - on October 29/30, 2009, under the patronage of the President
of the Republic.
The global society is apparently characterized by a multiplicity of values and regulations. The shift from the local to the global has ended up challenging the legitimacy of the State as an institution, in its normative and regulatory functions. At the same time, the so called “traditional” social structure results more fragmented and fractured in relation to the different systems and semantics of the sense of identification and belonging. It could be argued also that there is an ongoing process of disconnection between State and Society, which is causing in turn a change in the referential system of values, as a growing dis-aggregation or fluidity. The representation of the “Other”, increasingly characterized by the extraneous and/or enemy relation as wellas issues related to the legitimacy and the “authority” of the institutions, perceived by the citizens as more and more distant, are strongly driven by a deep sense of diffidence and fraught with conflicting and diverging orientations. Justice is positioned exactly within this crisis, struggling to mediate between those two processes underway.
Institutional continuity and stability have, in the past, assured that the State could rely on a wide and shared legitimacy of its powers. The loss of institutional legitimacy and social adherence to commonly shared principles, today, involves justice, which appears to have lost its identity and capacity to solve conflicts.
Which justice and which “truth” can satisfy the need for certainty expressed by the society? This text has high-lighted and investigated the most problematic aspects of this socio- institutional crisis, taking cue from the different perceptions of justice, as just, true, or reasonable.
The global society is apparently characterized by a multiplicity of values and regulations. The shift from the local to the global has ended up challenging the legitimacy of the State as an institution, in its normative and regulatory functions. At the same time, the so called “traditional” social structure results more fragmented and fractured in relation to the different systems and semantics of the sense of identification and belonging. It could be argued also that there is an ongoing process of disconnection between State and Society, which is causing in turn a change in the referential system of values, as a growing dis-aggregation or fluidity. The representation of the “Other”, increasingly characterized by the extraneous and/or enemy relation as wellas issues related to the legitimacy and the “authority” of the institutions, perceived by the citizens as more and more distant, are strongly driven by a deep sense of diffidence and fraught with conflicting and diverging orientations. Justice is positioned exactly within this crisis, struggling to mediate between those two processes underway.
Institutional continuity and stability have, in the past, assured that the State could rely on a wide and shared legitimacy of its powers. The loss of institutional legitimacy and social adherence to commonly shared principles, today, involves justice, which appears to have lost its identity and capacity to solve conflicts.
Which justice and which “truth” can satisfy the need for certainty expressed by the society? This text has high-lighted and investigated the most problematic aspects of this socio- institutional crisis, taking cue from the different perceptions of justice, as just, true, or reasonable.