The State of Law – The Code of Answers, ignoring what the question is about

Nil sapientiæ odiosius acumine nimio. (Seneca)

Taking the floor during the BEN MASS Global Conference on Religious Diplomacy, organised by the Academy of Arts and Science on the 17th of July 2021, I raised my old concern again, elaborating on the tension between a purely formal understanding of the rule of law, based in an individualist understanding as it stands in the tradition of the Roman Law doctrine on the one hand and the need to emphasise that humans have to be understood as social animals, shaping there life through production as social process on the other hand. This leads us to an understanding of law that includes what is commonly called an ethical dimension; at the same time it has to be emphasised, however, that such dimension is not based in voluntary perspectives, but in clear guidelines emerging from the social character of production. Even if the importance of individual genius (and individual failure) should not be underestimated, it is at the end of the day the social, the social conditions, the historical context that determine our action – be it success or failure. This provides strong point of reference for the definition of the rule of law, defining responsibility and in particular social responsibility not as matter of distribution of what had been privately appropriated, but of securing societal conditions – material and ideational – that allow people to live comfortably together, meaning leading an appropriate life. And obviously this entails the two spects, one being about approriation, the other being about appropriateness as coherence.

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