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The Complexity of Justice (a Challenge to the Twenty‐First Century)
Author(s) -
HELLER AGNES
Publication year - 1996
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1996.tb00232.x
Subject(s) - morality , balance (ability) , denial , economic justice , democracy , liberalism , modernity , context (archaeology) , law and economics , sociology , law , political science , psychology , politics , psychoanalysis , history , archaeology , neuroscience
. The tension between liberalism and democracy is very likely to become one of the major confliction fields of the early twenty‐first century. Those conflicts include the redefinition of the relationship between ethics, morality, and law—in all the three spheres of modernity: the intimate, the private and the public. It turns out that all three aspects of the relationship once described by Hegel (law, morality and Sittlichkeit ) remain equally decisive to maintain or regain the balance of freedoms in the modern world. There is no justice, nor is there equity—unless this balance is maintained. Law—in this context—is not just the defender of the “universal” aspect, but preferably also that of the balance of freedoms (both through interfering, and through the denial of interference in “ethical life”).