Il diritto laico come diritto fondato sulla forza e sul potere

Abstract

This paper, clarified that there is no "secular state" but so many lay states as the ordinances that have decided to separate the temporal order from the spiritual one, according to the historically diverse and changing variables, is at the root of the problem arising from the tension —inherent in the legal phenomenon—; between kratos (power, strength), and ethos (justice, law as a limitation to the power). In particular, he studies in the historical and the theoretical way the function of judgment of power (and, consequently, the reawakening of force and moralization of politics) that governs religion, and clarifies the current semantic ambiguity of the secular term in one political-juridical culture (even in canon law) strongly conditioned by the dominant positivism and the absence of effective limits to the spread of power.