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Legal Rules, Moral Norms and Democratic Principles


Edited By Bartosz Wojciechowski, Piotr W. Juchacz and Karolina Cern

The book tackles significant problems that each historian of law faces in the light of present decline of philosophical, ethical and ideological canons in the overall context of western civilization. The issues discussed in the book manifest themselves in the question whether the «democratic turn» is a real or just a virtue one. Democracy generally means governance by the people – but who are the people? What kind of governance by the people can be claimed as democratic – all of the various types that exist or only a single, chosen one? What – if any – is the normative issue of such a governance? Democracy, after all, is not a simple descriptive model of governance; it is deeply rooted in our preferences and hence normative patterns of conduct, which are not yet to be understood as the norm but rather as founding principles. Democracy is a thoroughly normative model. It is always as constructed and uttered in the picture of life at the same time.


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Legal Rules in the Name of Democracy and Democracy in the Name of Legal Rules: Parallel Deaths of Socrates and Julius Caesar edited by Romina Amicolo University of Naples “Federico II”, Italy Abstract: The complete picture of the deaths of Socrates and Julius Caesar allows to represent, in an exhaustive and problematic way, a concept of democracy and legal rules, traditional, but by now inadequate to the increasing social complexity, that, with the sentence of Socrates and the murder of Julius Caesar, executes its extreme attempt of self-defense and self-maintenance. Key words: Democracy, legal rules, parallel convergences, justice, freedom, ethics, equality, politics, republic, tyranny 1. The death of Socrates: legal rules in the name of democracy Socrates “quite calmy and with no sign of distaste”1 “drained the cup in one breath,”2 while most of his comrades, who, up till that time, “had been fairly successful in keeping back”3 their tears, when they “saw he was drinking, that he had actually drunk it,”4 they “could do so no longer”5: and also Phaedo’s tears, in spite of ________________ 1 Plato, Phaedo, 117 C 5. 2 Ibidem, 117 C 6. 3 Ibidem, 117 C 7. 4 Ibidem, 117 C 8. 5 Ibidem, 117 C 9. 330 Romina Amicolo The death of Socrates, Jacques-Luis David, 1787 The murder of Caesar, Vincenzo Camuccini, 1798 himself, “came pouring out, so that he covered his face and wept brokenheartedly – not for him,”6 but for his “own calamity in losing ________________ 6 Ibidem, 117...

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