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Volume 6, 2017

Ethics and Justice / Éthique et justice

Tilman Borsche
Pages 23-46
DOI: 10.5840/ecoethica201764

Aequitas — Abbild der unendlichen Gerechtigkeit im Recht

Enquiring the sources and the legitimacy of Derrida’s statement “Law {droit) is not justice” from his essay “Force of Law: The ‘Mystical Foundation of Authority’ ” (1990), the paper analyses the three notions of “justice”, “equity” and “concordantia” (in Cusanus). Part I explains historically how the difference between the limited and changing human laws and the eternal justice of God was gradually being perceived and acknowledged in Antiquity. Part II illustrates how the virtue of equity was called upon to compensate for the insufficiencies and contradictions of human laws, mainly by Aristotle. Part III explores the conditions how and argues for the possibility that the notion of “concordantia” as developed by Nicolaus Cusanus for the Council of Basle could work as a mediating principle of legislation among conflicting interests and thus provide for temporary justice by means of an equitable procedure of legislation.

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