LAW OR JUSTICE?: the dilemma between legal and just Historical bases, jurisprudence doctrine

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Bol What do we do when the law commands one thing and conscience demands another? Antigone asked herself this question twenty-five centuries ago, burying her brother in defiance of a royal decree. The judges of Nuremberg did it to him when judging crimes that no written law had typified. The courts that convicted Dred Scott, those that upheld apartheid, those that granted amnesty to those responsible for the enforced disappearance, also asked him, and each one responded differently. Law or Justice? it covers twenty-five centuries of history, philosophy and legal doctrine - from the Code of Hammurabi to the algorithms that today decide on the freedom of an accused - to show that this tension is not a correctable defect of the legal system, but its structural condition. With academic rigor and a language accessible to any reader, the work crosses natural law and positivism, Nuremberg and the Holocaust, slavery and Latin American dictatorships, civil disobedience and artificial intelligence, to arrive at a proposal for a synthesis that is as honest as it is necessary: legality as an unbreakable ground, justice as a horizon that is never fully reached but that is never stopped being pursued with one's feet on the ground. It is not a book that offers closed answers. It is a book that teaches you to ask, with your own criteria, the right question. For jurists, students, and anyone who has ever felt that legal and fair are not, after all, the same thing.

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What do we do when the law commands one thing and conscience demands another? Antigone asked herself this question twenty-five centuries ago, burying her brother in defiance of a royal decree. The judges of Nuremberg did it to him when judging crimes that no written law had typified. The courts that convicted Dred Scott, those that upheld apartheid, those that granted amnesty to those responsible for the enforced disappearance, also asked him, and each one responded differently. Law or Justice? it covers twenty-five centuries of history, philosophy and legal doctrine - from the Code of Hammurabi to the algorithms that today decide on the freedom of an accused - to show that this tension is not a correctable defect of the legal system, but its structural condition. With academic rigor and a language accessible to any reader, the work crosses natural law and positivism, Nuremberg and the Holocaust, slavery and Latin American dictatorships, civil disobedience and artificial intelligence, to arrive at a proposal for a synthesis that is as honest as it is necessary: legality as an unbreakable ground, justice as a horizon that is never fully reached but that is never stopped being pursued with one's feet on the ground. It is not a book that offers closed answers. It is a book that teaches you to ask, with your own criteria, the right question. For jurists, students, and anyone who has ever felt that legal and fair are not, after all, the same thing.


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Merk Independently Published
EAN
  • 9798170112869
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