Efetividade da justiça no mundo contemporâneo: entre ética e economia

Abstract

Starting from an analysis of strategic historical passages to argue the detachment produced between Ethics and Economy, we look into, from the point of view of Philosophy of Law, the social and juridical interactions and implications derived from the relation between Ethics and Economy, to come up with a proposition of the necessary rapprochement of Ethics and Economy as a requirement to the effectuation of the idea of justice in the contemporary world. Admitting that the idea of justice presupposes the effectuation of fundamental rights and that statistically a huge part of world population does not have access to those rights, we claim that it is an outcome of the detachment of Ethics and Economy, a) in a theoretical dimension, in the movement from oikonomia to economics, through political economy; and b) in a historical dimension, through the development of the market, reaching a point of hegemony of the economic power over almost every instance of human existence. Although the word chrematistic has disappeared from nowadays vocabulary and in spite of the proximity of the word oikonomia with economics, the object of economics today is closer to that of chrematistic than to that of oikonomia, due to the lack of ethics. From this perspective we consider and wonder about Ethics in the contemporary world, especially in reference to economy, in a comparison to the theories of justice of Salgado, of Rawls and of Sen, and also in a comparison to wealth and income distribution statistics (that show inequality and non-actualization of fundamental rights to most persons in the world). To overcome the system of necessities and to achieve the effectuation of the idea of justice (in the contemporary world) this scission of the Idea, represented by the Poietic State, has to be sublated: economy and ethics must reconcile in order to enable the sublation (Aufhebung) of civil society in Ethical Life (Sittlichkeit) negating the negation represented by a party of civil society arrogates material and spiritual goods employing them to maintaining a social status of exclusion and injustice.