Law and Justice
Law and Justice

Summary/Abstract: The need of rules was felt beginning with the ancient times since the formation of the first forms of human organization that were based on commands expressed through the implementation of common needs. Historical transformations related to the emergence of social classes, led to the formation of the state, a guarantor of rules imposed on individuals through laws. Society, i.e. the sum of individuals, is the recipient of laws, also being the crucible in which the rules come into being which govern all the legally created relationships. The Law is the guarantor of freedom, it is the one who, by its controlling position gives a direction to the entire community, namely imposing the achievement of the common good of all people. In order to achieve this goal, each individual must cooperate with the others, but he also has to fight and to defend the rights and interests when they are threatened. The State will act in his defense as a source of Law and guarantor of its application. Closely related to the concept of Justice, who is older than the Law, Justice is the state in which each individual understands that everyone will get what he or she deserves, or be punished for each of his or her deeds. In this respect, justice can be identified with absolute Good, and forms both the content of the laws, which people want closer to the archetype of the Divine Law. Even if, at a certain moment, a rule may seem unfair, it must not be assessed in its individuality but in connection with all other legal requirements, the foundation of the legal system to which it belongs being assessed together with its correlation with the idea of Justice. If a law is fundamentally unfair and does not correlate with this idea, the only solution is resistance to this law, or, in unfortunate circumstances, resistance to an entire system, leading even to insurrection.

• Details
• Contents