Abstract

This contribution aims to answer the questions indicated in the title in the context of the debate on the theories of justice. It is argued that the theoretical core of the problem concerns the opposition between justice and humanity. According to the theories of domestic justice, it is possible to speak of justice in domestic contexts, while beyond the borders the relevant principle is the less demanding principle of humanity. But the opposition appears controversial both from the point of view of the political community (where there seems to be a need for elements dating back to the sense of humanity), and from the point of view of the international dimension (where the principle of humanity serves the needs of justice). After having reconstructed the problem from the domestic perspective, including the critical analysis of the argument of moral preference for special relationships (me-first nationalism), we will investigate the meanings of the principle of humanity in international law and its relations with justice