Carità, fraternità e diritto nell’orizzonte dell’eguaglianza

The poverty and vulnerability belonging to the current and Western sociological-legal contexts elicit to rediscuss in depth the role of law as well as its modern and conceptual relation with the dimensions of charity and fraternity. By considering some paradigms of the legal-political organizations (i.e.: liberal model, Welfare State, post-modern horizon), the potential crisis underlying the stability of democracy and the increasingly “technical” nature of law, the paper focuses on the relation between the legal sphere and the charity with particular regard to the “open” structure of law and in light of the pair love-charity. In this way, the re-examination of the modern-legal legacy (i.e. the trinomial liberté-égalité-fraternité) allows to rethink the concept of “just”: it could be understood as the synthesis of the theoretical circle charityfraternity- law-equality and, finally, of the nexus between law and ethics.