Notes on Fraternity as a Political and Legal Principle

Abstract

Taking into account the current revitalization of the concept of fraternity in the field of social sciences, this paper deals with the delimitations of such a concept and whether fraternity constitutes, besides a moral and philosophical principle, also a political and legal operating principle. It compares the significance and the dimensions of fraternity with solidarity, and then explores the implications of fraternity for the field of law. From this perspective it analyzes the inclusion of fraternity in some important legal texts at the International, European and national level, and it reflects on a fundamental question: whether the gratuitousness that defines fraternity can be reconciled with the binding character of the law. It suggests, in this regard, an integral hypothesis, which calls for the consideration of fraternity as a legal principle capable of transforming the life of society.