6.6 Andrea Favaro – La legge del bene comune, tra “pretese democratiche” e “doveri privati”

In this paper the author, by means of an analysis which makes both use of a legal- theoretical and a legal-historical insight, argues that “common good” can be assumed as the very symbolic starting point of the decay of the legal democracy. Such a legal acceptation of what the authors clearly defines as “killing” is stressed even further, as in the second part of the paper another motive is analyzed: the “ambiguity of the majority”. This one topic in particular perfectly shows what can be highlighted – in the author’s view – as the legal (and false) equality of each citizen. In conclusion, this paper, after having provided several examples and scholar declarations supporting the fallacy of the modern “democratic system”, makes the strong claim of reconsidering the existential differences between citizens, particularly with respect to the many opinions about “Good” and so about “common good”.