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The Rather Ambiguous Notion Of Justice Utilised By The European States
The Rather Ambiguous Notion Of Justice Utilised By The European States

Author(s): Cătălin Constantinescu-Mărunțel
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Philosophy of Law, EU-Legislation, Comparative Law
Published by: Universul Juridic
Keywords: justice; legal doctrine; constitutional law; legal philosophy;

Summary/Abstract: Jus est ars boni et aequi. When one thinks about the social phenomenon we now call the justice system, one will probably remember instantaneously this phrase. However, the concept has known hundreds of interpretations, bases on a proportionally larger number of values. These values have varied from society to society, from one age to another. If one excepts that such notions are constantly evolving, while preserving a rather solid core, than, in this day and age, one would expect to receive a clearer definition for the idea of justice, at least from the study of the modern schools of legal thought. The aim of this paper is to find the possible meanings that justice receives in today's European legal systems. It has been structured in three parts, meant to highlight and than harmonise the main plans of this research. The first section is dedicated to finding the main understandings of the notion of justice, as they are presented in the manuals of legal doctrine. The second section seeks the meanings of the same concept in the constitutional documents of 48 countries, pointing out the emerging patterns. The third and last section analysis the possible meanings of the notion if justice in the findings of the first two sections.

  • Issue Year: 2020
  • Issue No: 02
  • Page Range: 53-76
  • Page Count: 24
  • Language: English
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