Dettaglio
AutoreZucchelli Giovanni
TitoloLa giustizia come elemento fondante del potere politico tra Europa e Islam
RivistaHumanitas
Annata73
Fasc.2
Anno2018
Pagine244-264
Campo TematicoInterreligiositą e Interculturalitą
Parole Chiave
Abstract The objective of this article is to outline the concept of justice as the founding pillar of the State in the Islamic religion and in European thought. In the ancient Greek and Roman world, justice was considered the foundation of law and civil society. The State was conceived as the realization of the natural order of human life based on the Common Good of citizens, which constituted its legitimacy. With the advent of the modern State, the question was no longer recognizing a common n?mos: the king was no more legitimate because complying with the law, but as representative of the entire nation and therefore the maker of rules to which he was not necessarily subjected. In the Muslim sphere, the idea of justice has known some doctrinal elaborations, but out of respect for the principle of absolute divine transcendence, the normative-behavioral aspect has imposed itself on the dogmatic-speculative one. The recent establishment of the principles of Islamic justice invoked by radical Islamic movements presents an historical and hermeneutical interpretative challenge that must be accepted to the very end, otherwise there has to be a choice between the continuing of the sharī?ah?s public disobedience or imposing these principles regardless their conflicts with the constitutional law, international jurisdictional framework and human rights.
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