Build and Restore Good Human Relationships. Overcoming the Retributive Paradigm as a Key Issue for the Theory of Justice

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Abstract

The paper assumes as a central ethical necessity of our time the farewell to a model of justice based on mutual behaviours correspondence: according to which it’s just that the negative judgment towards the other is followed by the action against him, that is to say in order to overwhelming him. This, in fact, has led to theorize the logic of conflict as natural in human affairs: for which every duality implies an opposition. Now, however, this logic entails the risk of total destruction. The aim of the paper is, therefore, to highlight how different sectors of human relationships (between people, parties or States) remain largely marked out by a retributive model of justice. It’s proposed a vision of justice intended as building and restoring the good in the face of evil, which can give rise to good life conditions and relationships between all involved subjects.
Original languageEnglish
Title of host publicationCriminal Law and Morality in the Age of Consent. Interdisciplinary Perspectives
EditorsAniceto Masferrer
Pages213-227
Number of pages15
Publication statusPublished - 2020

Keywords

  • criticism of retributive justice
  • justice and peace
  • restorative justice

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