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The Shared Law Circle

Sharma, Gaurav
PhilArchive · Papers
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philosophy
Modern social philosophy has largely framed the problem of belonging as a binary: either the individual submits to an inherited, ascribed order that secures solidarity at the cost of personal freedom, or the individual is liberated into autonomous self-authorship at the cost of shared structure. This paper names these two configurations the Rigid Law Circle and the Flexible Law Circle, and argues that both are structurally incomplete for the same reason — each secures one of the two goods a human life requires (belonging, freedom) by sacrificing the other. Drawing on but departing from Durkheim's account of mechanical and organic solidarity, Tönnies's Gemeinschaft/Gesellschaft distinction, and the communitarian critiques of liberal individualism advanced by MacIntyre, Taylor, and Bellah, the paper proposes a third configuration — the Shared Law Circle — grounded not in inherited custom or unbound preference, but in the empirically verifiable fact of near-total human genetic commonality. This grounding is deliberately modest: it does not resolve metaphysical questions about the ultimate unity of persons, but establishes a minimal, non-metaphysical basis for treating the stranger as a bearer of shared claims. The paper concludes by proposing a structural mechanism — three concentric zones of responsibility — through which the Shared Law Circle can be operationalized without collapsing into either the coercive uniformity of the Rigid circle or the atomization of the Flexible circle.
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