Fraternity and law” “

“Fraternity can become new life blood to revitalise relations and humanise justice”, says a statement put out by the supporters of “Communion and Law”, organ of the Focolare Movement, which promoted the 1st International Conference on “Relationships in law: what scope for fraternity?” at Castelgandolfo (Rome) on 18-20 November. The conference was attended by 700 delegates including jurists, magistrates, lawyers, academics and students, representing 35 countries in four continents. Here below, some of the issues tackled and the ideas presented by the main speakers. FRATERNITY AND LAW, ANCIENT ROOTS – The correlation between fraternity and law has ancient roots: traces of its can be found in Roman law; it was developed in the medieval period with the concept of fellowship”, and culminated in the famous triad “liberty, equality and fraternity” of the French Revolution. These roots were traced in the opening address to the conference given by FAUSTO GORIA of the University of Turin ( Italy). According to CHIARA LUBICH, founder of the Focolare Movement, “universal brotherhood is inscribed, so to say, in the DNA of each man; it constitutes his ultimate vocation and corresponds to God’s design for the full realization of man and humanity”. ESTHER SALAMANCA ( Spain), professor of international law, tackled the theme of “Humanity and international subjectivity”, pointing out that “we find ourselves faced by a new paradigm of international law, guided by the values of solidarity and universality, and progressively influenced in its essence by a process of institutionalisation of the international community”. CRIME, PUNISHMENT AND PARDON – “The principle of fraternity from the viewpoint of a judge may be experienced in two different ways: it strongly enters into the interpretation of the law and it influences his practical conduct”, said CIRO RIVIEZZO, president of the Italian National Association of Magistrates, adding that “we judges find ourselves every day having to come to terms with the emotional reality of man. Before us are not files, or documents, but personal, familiar and dramatic situations”. Another judge, PEDRO VAZ PATTO, from Portugal, in his reflection on “The execution of the sentence in a horizon of fraternity”, pointed out that “the punishment that follows a crime ought to be able to find a meaning in proportion as it operates ‘as restoration of the interrupted relation'”. So the punishment itself “should be aimed at restoring the equilibrium lost as a result of the injustice”, but it should do so “in a personal process of regaining a positive experience of liberty”. According to Vaz Patto, therefore, “punishment, without becoming a reward, ought to be able to be understood as an invitation to reconciliation”. So a “purely custodial view of imprisonment” is to be excluded”. “Those who suffer penal sentences, if treated ‘as human beings’, can be born anew and become ‘new men'”, he emphasized. From this follows the possibility and the need for pardon that “establishes a new relation between men in a radical way”. INSTANCES AND CASES OF “FRATERNITY” IN LAW – Victims of abuse, sentenced offenders who have served their sentence and are not re-admitted to society, cases of violations of private law (e.g. in firms and between workers and employers): various examples of the application of the principle of “fraternity” were presented to the conference in Castelgandolfo. KARL ROTTENSCHLAGER, founder of the “Emmaus Community” at Sankt Pölten (Austria), described the birth of the community in 1982, with “the only capital at its disposal consisting of my own salary, the community of goods of a group of friends and great faith”. Today some 2300 people have passed through the doors of Emmaus, including 400 former prison inmates who together had served a total of 1700 years’ detention. Yet not once have the police had to intervene to resolve internal conflicts during these 15 years”. And the Community’s 4400 friends and supporters have donated a total of 2.9 million euros to fund its work”. Rottenschlager’s motto is “hate evil but love those who do evil”. MARY O’MALLEY, from Ireland, described her work as a lawyer active in the FLAC (Free Legal Advice Centres)”: “Through my work I realised that people really don’t know their rights. People needed our help and information”. GERHARD RESCH, former prison inmate, who was detained from the age of 15 to 42, and then became a guest of the “Emmaus House”, testified: “They unreservedly welcomed me into their community and helped me … I know that the love of God is always greater than our guilt”. Resch found “brotherhood”, “love”, “forgiveness” and encouragement. He’s now happily married and has a daughter. In the view of SALVADOR MORILLAS ( Spain), the principle of fraternity even holds good in business law: “Legitimate interests that conflict with each other may be at play. We need to know how to assess and harmonise them, in order to make effective the so-called ‘social responsibility of the businessman'”.———————————————————————————————————– Sir Europa (English) N.ro assoluto : 1432 N.ro relativo : 81 Data pubblicazione : 23/11/2005