"L’oggi del diritto: tramonto o ‘nuovi’ albori?"
In Nuova Umanità XXX, 178-179
(2008/4-5)
: 461-476
. ISSN 2240-2527
Abstract: The deep crisis in law, to the point of “juridical nihilism”, requires us to look beyond the apparent absence of light on the horizon. Starting from the assumption that law is at the service of human beings, we trace the relational implications of this, and reconsider “juridical relationships” as relationships “ad alterum”. In this perspective, the idea of relationship emphasises and provides
content for law. It is no longer something that limits or excludes, but something “open”, a reflection of life with others, something that becomes apparent where “communion” among people is realised. This is a concept of Law that separates yet also brings together, drawing content from the reality of “universal fraternity”, to which – as stated in the Preamble to the Universal Declaration of Human Rights – we tend as members of the “human family”.