L’ETAT DE DROIT EN MAL DE JUSTICE
THE RULE OF LAW IN EVIL JUSTICE
Author(s): Emilian CiocSubject(s): Psychology
Published by: Studia Universitatis Babes-Bolyai
Keywords: rule of law; justice; rhetoric; post-communism; transition; democracy.
Summary/Abstract: We propose hereafter an analysis of the way in which the postcommunism has determined the significance of justice and, in doing so, pretended to reorganize the possibility for a legitimate political community. Given that the public perception points out to a gap between the rule of law and justice, one should understand for what reasons. Does the rule of law have the resources for doing justice? Are the legal procedures enough? Or should we take into consideration the possibility that the rule of law is unable to do justice? Subsequently, we identify and discuss three radicalizations: the issue of normativity, the rogue state and the heterogeneity between law and justice. Ultimately, the possibility of justice depends on a different way of thinking democracy.
Journal: Studia Universitatis Babes-Bolyai - Philosophia
- Issue Year: 55/2010
- Issue No: 1
- Page Range: 67-91
- Page Count: 25
- Language: French