Jusnomia - Justiția socială ca premisă politică a dreptului

Abstract

According to the political phenomenology of law, social justice is (or it should be) a way of extrapolating justice and the imperative moral norm which states that each individual should be equally treated regardless of the perspective (anthroponomical, socionomic or politonomic one) through which his/her existence is defined. The jusnomia of social justice implies not only that the legal system is (or it should be) just/fair, but also that the fulfillment of justice is a condition of socioarchy (which is opposed to anarchy). The jusnomic character of justice resides in the fact that the individuals’ social behavior is rationally and not socially grounded; this means that the individuals’ legal existence is pre-established through norms, independently of their will. As long as from an ideonomic point of view fairness will remain an ideal which justice aims to fulfill, from a politonomic point of view, fairness is a key legal principle.