Between norms and values: the "caring" tasks of the Law in a democratic society
Journal title CHILD DEVELOPMENT & DISABILITIES - SAGGI
Author/s Claudia Mazzucato
Publishing Year 2011 Issue 2010/2
Language Italian Pages 23 P. 53-75 File size 318 KB
DOI 10.3280/CDD2010-002004
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In a democratic society, guided by constitutional principles, the Law has more the task to take care of human beings through the acknowledgement of fundamental rights and the promotion of the best conditions of life, than the task to regulate people’s life by ordering, forbidding or punishing measures. The legal system ends up being the minimum ethical standard that a pluralistic and laic society can achieve and share. Immigration law is taken as an example of how the legal system can betray its duties of care; whereas juvenile law is pointed out as a virtuous model of a legal system that inspires itself to the idea of care in favour of those whom norms are addressed to.
Keywords: Ethics and the law, democracy and the law, duties of care, policies of care, juvenile law
Claudia Mazzucato, Tra norme e valori: i compiti di cura del diritto in una democrazia in "CHILD DEVELOPMENT & DISABILITIES - SAGGI" 2/2010, pp 53-75, DOI: 10.3280/CDD2010-002004