CRITERI DI GIUSTIZIA COME MEDIAZIONE
The paper deals with a classic theme of philosophical-legal reflection in the tradition of Western thought: that of justice conceived as mediation, i.e. as the relationship/balance between two or more entities. This is an idea that since Aristotle has been reprised in both formal and substantial ter...
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| Published in: | Rivista internazionale di scienze sociali Vol. 111; no. 4; pp. 517 - 532 |
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| Main Author: | |
| Format: | Journal Article |
| Language: | Italian |
| Published: |
Societa Cattolica Italiana per gli Studi Scientifici
01-10-2003
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| Online Access: | Get full text |
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| Summary: | The paper deals with a classic theme of philosophical-legal reflection in the tradition of Western thought: that of justice conceived as mediation, i.e. as the relationship/balance between two or more entities. This is an idea that since Aristotle has been reprised in both formal and substantial terms, respectively in the most recent positions taken up in legal-political philosophy by Kelsen, for example, and in social theories, in particular Rawls' neo-contractualist theory. The thesis of the paper is that, although the substantial concept of justice cannot elude the formal criterion of mediation, the authentic meaning of mediation is nevertheless expressed by the more flexible concept of justice as equity, which for that matter is more consistent with a consensual criterion of truth. |
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| ISSN: | 0035-676X 1827-7918 |