Diritto e religione by Consorti

By Consorti

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Then the former often, consciously or unconsciously, try to subordinate V to a term, t, which does not refer to V at all but to certain other values, V′, which are commonly embraced. That device entails that the positive emotions which t generally disposes people to experience with regard to V′ are transferred also to V. , “real democracy means a socialised economy”). 7 This trend is strongly developed not least in politics and there it prevails now and then rather unhindered by intellectual or other scruples.

In the current debate we often hear the opinion that a main task for the Government is to “uphold the law-state” by protecting the public—or even the state—against crime, or against misuse of power by powerful private organisations. But this is an extension which is not warranted by the classical law-state doctrine, and it also has the drawback that it cloaks important potential value conflicts. 2 Some Methodological and Conceptual Remarks 39 The ambition to protect effectively private citizens against crime might conflict with the demand for protection of personal integrity against the powers that be, not least the demand for satisfactory guarantees of a fair criminal procedure with respect to arrested or detained persons, and defendants (the last-mentioned is undoubtedly a law-state value).

Its relationship to the law-state ideas is complicated both from the viewpoint of the history of ideas and of logic: in their application both ideas might at times cooperate towards a common result, at times, on the contrary, lead to incompatible results. , its sovereignty. But, unfortunately, sovereignty is also a very handy tool for mobilising a defence and counter-attack when it has been proven that a state has committed atrocities against its own people. ”. We remember that outburst of perverted indignation launched from Peking after the massacre in Tiananmen Square in June 1989.

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