Justiția statală și justiția privată. Studiu comparativ
State Justice and Private Justice. Comparative study

Summary/Abstract: Justice is the mean by which we can make justice for ourselves when we consider that our rights or interests are affected by those with whom we interact. Our way to make ourselves justice differs depending on person, from community to another, from state to state. Differences of perception of each person, community or state, make justice to be approached, understood or applied differently. State justice conceives litigation as a violation of law and of the order, order that must be reinstated and the violation punished. Private justice conceives the litigation as a conflict of the relation of parties involved, conflict that is made up of the interests and rights of the persons in that dispute, rights and interests which interfere and compose a relation between the parties under conflict and negotiable/disputable. The vision of the private justice is different as compared to the vision of the state justice. This different way makes the settlement methods and the final targets to be completely different. Therefore, there occur a series of approaches of the conflict related to the ways employed to settle it, ways which are part of the justice applicable or applied on the respective conflict. In the broadest sense, justice is the same thing as rightness, equitableness, exactness. Some go beyond that, defining the justice by a moral principle being based in essence on the compliance with the truth. The Latin word Justus – rightfulness make us understand that justice takes into account all that is rightful for the persons under various litigation/conflicts. Therefore, justice is focused on truth, rightness, equitableness, on the rehabilitation and preservation of such active values.

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