Which Humanism? Whose Law?

Campagna, Norbert
September 2001
Ethical Theory & Moral Practice;Sep2001, Vol. 4 Issue 3, p285
Academic Journal
The article presents information on a debate in contemporary French legal and political philosophy. It refers to the fact that the unqualified concrete individual will cannot be taken as a universal legislator. This is a point that hardly needs to be made clear today. Much more controversial is the question as to what or who, if not that unqualified will, has to be taken as legitimately imposing binding norms or legal decisions on the will of the many individuals composing society. The dilemma is should one look for some qualified will, thus continuing to work within a voluntaristic paradigm, even if supplemented by a more or less strong rationalistic element.


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