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The “Sources” of the Law: drawing together norm and life

Cosseddu, Adriana (2014) The “Sources” of the Law: drawing together norm and life. Claritas: Journal of dialogue and culture, Vol. 3 (1), p. 30-39. eISSN 2163-5552. Article.

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Abstract

Using Chiara Lubich’s conceptualization of individuals as one “human family,” Cosseddu explores a fundamental tension in legal theory between on the one hand the freedom of persons for whom law is written, and the norms necessary for regulating life in common on the other. The interpretive key Cosseddu offers for bridging this tension is “relationality,” by which the other is construed not as an object to be acted upon but as a fully personal subject who coexists with me and for me. Thus, the law serves justice by identifying situations of comfort and pain and offering the possibility of rebuilding a logic of free gift in relations. The author positions the concept of restorative justice as a “privileged space for ‘dialogue’ and reciprocity,” and suggests that from the perspective of mutual love, the purpose of law is not to maintain boundaries but to bridge the voids in human experience.

Item Type:Article
ID Code:9895
Status:Published
Refereed:Yes
Uncontrolled Keywords:Norm, foundation of law, relationality, person
Subjects:Area 12 - Scienze giuridiche > IUS/17 Diritto penale
Divisions:001 Università di Sassari > 01-a Nuovi Dipartimenti dal 2012 > Giurisprudenza
Publisher:Purdue University Press
eISSN:2163-5552
Deposited On:20 Jun 2014 12:52

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