THE CONTRADICTIONS OF THE JUSTICE. THE METAPHYSICAL PRINCIPLES OF LAW
THE CONTRADICTIONS OF THE JUSTICE. THE METAPHYSICAL PRINCIPLES OF LAW

Summary/Abstract: This essay represents an attempt to highlight, from a philosophical perspective, the most significantcontradictions that can affect the justice throughout a period of social crisis. The object of our analysis consists of thecontradictions between: the law and justice; the justice and society and the act to fulfill the justice and what we havejust called “the fall in exteriority” of justice. Within this context we refer to some aspects that characterize the personand personality of the judge. This essay is a pleading to refer to the principles, in the work for the law’s creation andapplying. Starting with the difference between “given” and ‘constructed” we propose the distinction between the“metaphysical principles” outside the law, which by their contents have philosophical significances, and the“constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of theexpert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments arebrought for the updating, in certain limits, the justice – naturalistic concepts in the law.

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