The 30th Biennial World Congress of The International Association for the Philosophy of Law and Social Philosophy, București 3-8 iulie 2022


Congresul internațional al Asociației Internaționale pentru Filosofia Dreptului și Filosofie Socială, abreviat IVR după denumirea din limba germană, a ajuns la a 30-a ediție și s-a desfășurat la București, la Universitatea Creștină „Dimitrie Cantemir”, sub egida „Justice, Community and Freedom” și i-a omagiat pe G. W. F. Hegel și John Rawls. În cadrul secțiunii de lucru SW5 „Philosophy of Human Rights: Questions on Dignity and Social Construction”, CS II dr. hab. HENRIETA ȘERBAN, Institutul de Științe Politice și Relații Internaționale „Ion I. C. Brătianu” al Academiei Române, MC -AOSR, a investigat relația multi-fațetată dintre demnitate, drepturile omului și dreptate, în lucrarea intitulată MEANINGFUL LAW, MEANINGFUL JUSTICE – „BLIND SWORD” OR „GUARDIAN OF DIGNITY”

Abstract. Meaningful law and justice are closely connected. Seen in the perspective of two revealing metaphors for law, namely “blind sword” and “guardian of dignity”, human dignity is the core of this perspective. Next to rules, dignity and especially the dignity of rights is a safeguard against injustice and oppression. Although law places a great accent on the value of order and on equality in front of law, this type of “blindness” should not extend over a “blind” fulfilment of the human rights. „Rights are trumps” as R. Dworkin once phrased it. Also in Dworkin, morality and ethics are part of the good life structured upon ethical principles and Aristotelian virtues: it is important how man chooses to live, with responsibility for his own life. Thus, it is also important how we relate to law and justice. Are they thought through, seen within context, understood as values, virtues and aims to which one can contribute? The individual cannot seriously expect “blind” implementation of law to yield justice if law as norm and process is oblivious to contexts and circumstance. Understanding law should go in tune with the understanding of others, of their situations with respect: “Love is what gives respect for humanity, its life making it more than a shell”, Martha Nussbaum wrote in her book Political Emotions: Why Love Matters to Justice (2015). Lives are not valuable and especially not really “good lives”, only because they are brought in accordance with norms (the moral requirements of the universal Kantian law). Here the Rawlsian notion of reasonableness comes in play. Rather, the ethical dimension requires to be concerned with what a good life is, both in Dworkin and Nussbaum. Meaningful law cannot be conceived outside the purpose of the good life. This is not described only as the best answer given to the duties and norms (from a universal law), but it is also as the answer given to the requirements of dignity). What is just is rational, but also dignified and dignifying.

Keywords: justice, dignity, respect, togetherness and love.