Ethics, Politics, and Law in Modernity

• Gregorio Peces-Barba Martínez explores the intricate relationships between ethics, politics, and law within the paradigm of modernity.

Introducción

• The enduring human quest for meaning, purpose, and happiness is examined, intertwined with social life.
• Ethical reflections are inseparable from social existence.
• The author challenges the notion that European philosophy is merely a footnote to Plato, arguing for a vast collective memory offering possibilities for creation and historical interpretation.

Desde Platón y Aristóteles

• The moral, the political, and law are central themes in the works of Plato, Aristotle, Cicero, Seneca, Thomas Aquinas, Machiavelli, Montaigne, Spinoza, Tomasio, Hume, Rousseau, and Kant.
• These themes have been debated, affirmed, and denied by many thinkers.
• Spanish thinkers like Vives, Vitoria, Suárez, Bartolomé de las Casas, Aranguren, González Vicen, Elías Díaz, Javier Muguerza, Victoria Camps, Eusebio Fernández, Esperanza Guisán, Adela Cortina, Rubio Carracedo or Francisco Laporta are part of this philosophical tradition.
• The problem lies in the limitations to have a global criteria because of the extensiveness of the philosophical tradition.

Siempre y necesariamente….

• Any historical moment is incomplete and any written work in that moment will be also. However, culture (juridical and political culture included) is constructed with those elements..
• Literature too, expresses the importance of Ethics the Policy and the Law, which expresses the relation in multiple ways from Sófocles to Sartre.

En todo caso…

• Dualisms that relate Ethics and Policy fall to reductionist temptations and do not present enough panorama.
• In the relation between Ethics and Policy it could be found the supremacy of the Ethics that is a constant idea in the classic thoughts (Sócrates, Platón, Aristóteles).

Sin embargo …

• A fruitful way to analyze the situation is to analyze contractualist doctrines, with the precedent of the juridical humanism.

La consideración trilateral…

• The trilateral consideration of Ethics, Policy and Law avoid reductionisms and allows a rational construction of the human position in life.
• In this point of view complicates the analysis could be softened with the consideration of power and law as two faces of the same coin (Hermann Heller).

Ética, política y Derecho: El paradigma de la modernidad

• An analysis that expresses any possible relation between ethic, policy and Law and modernity ends with the state of Law.
• This reconstruction includes the model like a theory, rational.
• Models can be valued and criticized from this model.
• It’s presented as a integration of partial positions in synthesis.

La necesidad de la trilogía…

• In this model derives from a determined comprehension of human condition and social coexistence.

La ética

• It is not the intention to do a study about every Ethics problem but to point those that affect the relation with the Policy and the Law.
• In a cultural and modern ambience. it is started from a humanistic point of view that indicates the dignity of the man.

ÉTICA, POLÍTICA Y DERECHO: EL PARADIGMA DE LA MODERNIDAD

• Rawls describes obligation as acting "when it comes time to do so" in his clean game; this is a result of recognizing the dignity of the other as a person.
• This requires the same norms of public morality: sentiments, interests, ability, opportunity, and potential for ethics.
• It is convenient to rule out both ethics that are centered in value of the principle of universalization and those in the principle of autonomy on this contest.

En el ámbito de la ética pública…

• The existence of ethics is compatible in private, therefore offering to those who do not close themselves from choosing but also abandoning the project in life.

Si el reduccionismo de la universalización…

• If the reductionist of universalization is an historical fact premodern and the power is the post modern , we can identify the ethic of modernism like those that integrate both points of view.

Los valores superiores

• Important authors identity the moral with human rights and i have done that myself in my way of moral propose.
• Even moral rights defended by important.
• However, human dignity, the base of that moral is not depleted on the human rights or the public virtues.

Los Deberes del hombre…

• Moral values should be guaranteed to all people in life and therefore it needs the intervention of the power to be expressed in the laws and be applicable with all powers, that can get to the point
• The solidarity is not a sign of the equivalent but is united to it always.
• It can be said that the equal is valid but never the opposite.

La libertad, como valor central…

• Freedom as a way of personal expression, it creates social political and legal aspects.
• In the words of Emmanuel Kant " What is the illustration?, in the question there must be "a need to find something for the men....
• With a thought of the security as an issue of values from the modernity as a factor that establishes order and respect through the organizations.

ÉTICA, POLÍTICA Y DERECHO: EL PARADIGMA DE LA MODERNIDAD

• In summary: "the capacity everyone can make something with the other , not what they can do without you".

2.2. Derechos humanos y principios de organización

• Fundamental human rights are morality.
• It is an external value and is primary to the power.
• As it stated for Dworkin the moral asumes the values by democracy.

En la aportación socialista son igualmente..

• Under pressure under these aspects this moral values, generates: rights (in what will be known also like internal moral).
• So the human democratic rights, in the version of the democratic system they intervene like the organization principles do.

Estos principios…

• Those are derivated from the high standards and it helps to show the inside moral of the rights.
• All is in the structucture but there are no external things as control.
• Here, the power has the moral values and everything must be there in service of the people.
• There must be the idea of integrity and communication where moral makes everything and power generates good ideas.

2.3. Ética pública y ética privada

• What makes the difference about Ethics and what is that point of sight?
• This point indicates that you must have elections according to the freedom to indicate something.
• And the security, the integrity to do the human capacity.
• The moral plans will be always to the sides.

ETHICS, POLITICS AND LAW: THE PARADIGM ..

• However, there must be something according to that.
• You must establish some basic guides and rules for the humanity that is the opennes from the power and the right.
• There will be always something to decide how to create the moral aspects.

En todo caso debemos concluir que la finalidad de esa ética pública…

• We must conclude that the finallity of that etic , es establehcer criteria for that social spaces.
• This can means that there are not value, but what is the process to get the standards.
• There is the idea of human and the values.

Por su parte la ética privada establece modelos de conducta o de comportamiento…

• The code must fit to Ethics, with the opennes of other options.
• What are the options to that code for the next person.
• And the other standard point is the moral for a third person to have the freedom to use those codes.

Sobre este tema wid:

• the code and a lot of important thinks.
• The human factor must be very high over everything.

ÉTICA, POLÍTICA Y DERECHO: EL PARADIGMA DE LA MODERNIDAD

• If one or legal authority decides, for each item which we are or aren´t required to obey, the consent scheme disappears, those who obey will be harmed (those who don't).

Aquí se reconoce el .. .

• Right against the law.

Sin embargo …

• However, should not stand on the same disobedience's court as a man with bad right.

Traslado por éste

• Is this why the moral, which authorizes civil society, is only possible within the Law, must be recognized.

Montesquieu será tajante en este tema …

• From here on it the freedom will be the key point.

4.2. La dimensión de organización

• This dimension centralizes public rationality.
• Modern public ethic is that power does not depend of the law because of their own authority but because they take responsibility of a moral who is from everyone.

En Hobbes …

• Hobbs points out, "every city needs the idea that what is right and what is wrong is a product off reason.

Sin embargo debe…

• It must be in a correct balance of human's ideas.

L État de droit …

• He is the best person in the democracy world.

La separacio…

• Power in this case must have the limits.

El pluralismo jurídico y organizativo …

• In the world of ideas the liberty.
• And must create to the outside persons to be integrated and to have vality.

ÉTICA, POLÍTICA Y DERECHO: EL PARADIGMA DE LA MODERNIDAD

• With internal moral, with technical organized moral, with criteria... those points help to have the same aspects.
• Therefore this legal point of will be in the courts over all levels.

5. Alguna reflexión final

• When it comes, here there is a paradigm and communication.
• By now the best way is how it is.
• In this point of view is very difficult not to be very careful.

Otras las podemos atribuir al abuso de las prestaciones..

• There will ways where the problems will appears.

Las primeras se representan por insuficiencias serias de dos pivotes claves del funcionamiento de la democracia…

• First, the important rights will have a lot of restrictions
• Is the key to get with the ethical and the code.
• The new world is that it does not care for what it is being doing.

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