The Shylock Case: Fairness Above Law or over the low or the low of fairness Cover Image
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Случаят Шейлок: Справедливостта над правото или правото на справедливостта
The Shylock Case: Fairness Above Law or over the low or the low of fairness

Author(s): Nina Mireva-Ilieva
Subject(s): Human Rights and Humanitarian Law, Ethics / Practical Philosophy, Philosophy of Law, Sociology of Law
Published by: Институт за изследвания на обществата и знанието при БАН
Keywords: self-value; autonomous person; fairness; meaning; good; spirituality

Summary/Abstract: The text is centered on the issue of the relationship and the boundary between the law and fairness. The dramatic character Shylock is used to express the relation between the law in a subjective and in an objective sense, a relation where the laws and legality do not depend on, and do not require a criterion of fairness. The abandonment of the idea of, and requirement that there must be, a necessary connection between the law and fairness, in a world built on pseudo-values, additionally destroys the notion of a truly real world. Humans are unable to properly evaluate what is actually happening, which brings them one step away from the “banality of evil”.

  • Issue Year: XXVII/2018
  • Issue No: 5
  • Page Range: 67-75
  • Page Count: 9
  • Language: English, Bulgarian