Oltre Kant e Hegel. Dignità umana, giustizia, sistema penale

The paper moves from an analysis of human dignity concept, which is asserted to be autonomous from any evaluation concerning individual conditions of life. So given, and on the basis of biblical references, the conception of justice based on a positive or negative judgement of the other with respect to the interest of the judging one and on the subsequent, corresponding action, is subjected to criticism. This leads to the rejection of retributive setting of penal sanctions, as an action model that goes far beyond the judicial sphere and concerns the very subject of war. It calls for an openness to alternative visions of so-called restorative justice in Church law as well. An involvement of peoples is hoped for, inthe wake of “universal brotherhood” and pertaining theological reasons, meant as the abandonment, on the part of governing ones, of competitive logics between States, harbingers by now of the risk that they could destroy the work of Creation itself.