Justiția socială, scop sau mijloc al realizării dreptului
SOCIAL JUSTICE, A PURPOSE OR A MEANS FOR LAW ACCOMPLISHMENT

Summary/Abstract: In any society, social justice needs to ensure the unrestricted exercising of the fundamental rights and freedoms of persons, thereby obtaining the legality and legitimacy of the judicial process. The normative stability and the consistent application of the legal rules in a society are both only the premise that is necessary but not sufficient for achieving social justice because, at a certain point in time, although the legal rule may be fair or appropriate from a legal and legislative perspective, it is the one able to generate a multitude of inequities and injustices caused by the manner in which it is enforced by the courts of law or by law enforcers, and judges in particular. By virtue of these principles and assessing the instrumental and moralising characteristics of the legislation, one might be tempted to consider the law as an equivalent of social justice, representing a general form for moral justice adaptation to the various requirements and social circumstances, such adaptation involving, however, the use of public coercion as part of the judicial process. Any system built upon social justice is not based on the favouring of each member of the society, because the social interaction configured around this principle would become meaningless.

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