LA GIUSTIZIA, DALL’OTTICA DEL RAPPORTO TRA INDIVIDUO E SOCIETÀ
DREPTATEA – PRIN PRISMA RAPORTULUI DINTRE INDIVID ŞI SOCIETATE
Universitatea de Vest “Vasile Goldiş” din Arad
Bd. Revoluţiei, nr. 94-96
The justice, as a supreme value of the political-juridical practice form the contemporary states, has been planned and theorized by the Right’s philosophers starting from the antiquity. The author of the study presents the two trends to whom, during the centuries, the philosophers of the Right affiliated with: the first one, the idea of justice centered on the proclamation, justification and juridical warranty of the fundamental rights of the human being, who inspired the appearance and the evolving of the liberal democracies and the second, the idea of justice conditioned by the specific reasons of the global socio-economical order within the framework of the state, who postulates the primacy of the general interest of the society in relation with the natural rights of the peior person. The last trend has represented the ideological source of inspiration for the upholders and the “technicians” of the maximal state, until the “total” state.
In the modern era, implicitly in the last decades, the new concepts of justice joined the same trends, even in those situations in which some authors proposed themselves to elaborate a unifying conception on the justice, to realize hereby a synthesis of the viable fragments from each of the opposite trends. Nowadays, the two concepts became more slender in argumentation, moderation, tolerance, therefore the principles of the justice – either in a liberal or social acceptation, are not abandoned but only resized so that they would suit to the solution of the new issues – more complex and more surprising than in the past, appeared on the agenda of the governments, of the public power authorities.
Cuvinte cheie: drepturile naturale ole omului, stat social, libertate, dreptate egalizatoare
Key words: natural rights of the human being, social state, freedom, equalizer justice