THE INDIVIDUAL, A SUBJECT OF LAW OR A SYMBOLIC ANIMAL? DISCOMFORT IN THE LAW Cover Image

L’INDIVIDU, UN SUJET DE DROIT OU UN ANIMAL SYMBOLIQUE ? MALAISE DANS LE DROIT
THE INDIVIDUAL, A SUBJECT OF LAW OR A SYMBOLIC ANIMAL? DISCOMFORT IN THE LAW

Author(s): Jacques Amar
Subject(s): Philosophy of Religion, Philosophy of Law
Published by: Studia Universitatis Babes-Bolyai
Keywords: human rights; dispute; criminal law; discrimination; symbol; religion;

Summary/Abstract: The individual, a subject of law or a symbolic animal? Discomfort in the law. How can it be explained that the text concerning the prohibition of religious signs in the public sphere in France can be justified in the name of human rights in France and condemned in the name of human rights at the United Nations? The present article attempts to explain this situation on the basis of the notion of dispute expounded by J. F. Lyotard; it tries to explain the new trends in contemporary law on the basis of the distinction between dispute and litigation.

  • Issue Year: 65/2020
  • Issue No: 1
  • Page Range: 187-198
  • Page Count: 12
  • Language: French