By Artur Victoria
There is no doubt that the relations with power in society and its evolution involves certain characteristics that the state may have resulted in the adoption of the policy of a model, which we call the law. The law as a science does not respond effectively to the problem of democratic justice, which is limited to a methodology that ensures only if you have enough autonomy to be identified with the scientific knowledge that deals with the systematization of the laws in a jurisdiction. This is why the law appears as a logical and rational set of values ordered by a method that complies with the study of legal rules. However, if the result of the implementation of the consequences that go beyond legal or illegal actions, analysis cannot limit the legal method, or the law itself as object. Therefore, although the law is essential for the construction of the notion of democratic justice is not alone. There is always alongside philosophical writings on justice beyond the strict concept of scientific law. All Philosophy to deserve the name, it is expected the presence of intent, which is essential for understanding the situation, because it is the power that is most often associated with the subject as a product of the human sciences that is what we call politics.
The intention is clear, so that is not the specific field of research, but that is the part of Justice, and is closely linked to the subject-object, which is exactly the appearance of justice, should be mentioned. Take in the ancient Greek mythology are the photos of the monster Medusa, the Minotaur, etc.., Which symbolizes evil that commit atrocious injustices belongs to a supernatural world and act in the real world which, in turn, was fought by heroes as Hercules (semi god), symbol of strength, spreading his righteousness (half human and half divine) in the world, known as the story of a challenge by the tyranny of an evil, attacking the forces of good, until in the hands of the Greek hero emerges victorious from the reaction of justice.
Similarly, in children's literature there are many heroes with different characteristics, but with similar intentions, as Zorro, the constant struggle against the tyranny of government officials, representatives of the Spanish colonial government, which marked the presence of eighteenth-century California. Captain America, Spider-Man, use all the colors of the flag (blue and red). They struggle against internal and external enemies of the state of US and in some cases, for the salvation of Earth.
But not only is art (literature, theater, film and television) that contains the aesthetic of Justice. The real experience includes several plots, some tragic public as the true criminal to death is a clear example how the human person is attracted also by the extreme actions (an action is worth a thousand words spoken or written), as application of the death, a ritual of justice, often backed of legality, by the State. It may be illegal, as long as other sources of power (popular lynching's, religious inquisition, etc. . .)... The murder, the action often practiced by the seat of justice or revenge would be?
The aesthetic philosophy has no answers to the difference between an act of revenge and an act of justice. The emotional sensitivity is caused by many forms of criminal enforcement over time: the stoning, crucifixion, hanging, beheading, shooting, electrocution and poisoning. Another aesthetic norms of justice, are among the prison sentences normally associated with morality and unsanitary conditions, such as dungeons, rats, insects, odors, fetid, brutal torture and other accessories that make up a kind of aesthetic and of Justice that has accompanied mankind since the founding of the first city-states, despite human rights reject all those practices.
For Umberto Eco, a message has an aesthetic function when it is presented ambiguously structured and seems to be self-reflexive, that is, when you want to attract the attention of the beneficiaries, mainly in form or the message itself. The natural aesthetic ambiguity of the message of justice is manifested in the data, allowing many choices of interpretation.
In the field of Justice, is taken as an example the application of capital punishment, to bypass the people who attend for duty in office. Why? Possible answers to other questions: revenge, compassion, anger, grief, or should not be there? The ambiguity supersedes any belief.
The code generally refers to the transcript above, on the basis of the death penalty, it would be murder. The different levels of reality the participation of Justice take you directly to a type of reaction in each of participants: either of sympathy (in the case of a priest), rebellion (in the case of race), life (the victim's parents or children), evidence (e.g., the person certifying the death of the race) and narration (e.g., if a reporter) in all these cases, however, the question remains: would have been right or wrong in the execution? This is what Eco calls a perfect system of structural homologues. The system described appears to be the most logical. Who controls the action, who agrees with the death penalty, to help its application cannot end without a sense of relief to the contrary. You can change the rational plan, emotional experience of real life through aesthetics. This alternation with aesthetics it actually happens.
At one point, Kant, to analyze the sublime, maintains a certain amount of momentum to the possibility of judging the aesthetic that is the ethical sense. According to Paul Ricoeur, competition between taste and genius identified in Kant's conception is of great importance when moving to the political of judgments that he says has been well exploited by Arendt, Ricoeur believes it would be better to try to free design proof of the political theory of the mind as that of religion this teleological conception of the theory of mind, philosophy of history. Given these arguments, the right and then a sense Protagoras is immaterial, and transcendent, which is impossible, as in aesthetics, the subject knowledge producer of decoupling, object, phenomenon of Justice. The issue on their own experience of sensibility a priori, is what determines the essence of the meaning of variation (right or wrong, beautiful or ugly, love or hate, etc.) .. It is he who puts the burden (or potential) emotional, which is the action in various directions within the ambiguity of perspective (or paradigm), although it may be that one or more meanings produced from it significant that the priori, is being modified by actual experience. This is a key point for the development of theories of justice. If this phenomenon is neglected and will be limited, therefore, is not universal. Similarly, if the theories are no longer influenced by the aesthetics of Justice which, in turn, limit the ability to create and operate rationally.
We must be, therefore, without doubt, a party that Kant was observed as the primacy of practical reason over theoretical. Fixed issue at the refusal of a moral system based on utility unsusceptible to emotion - be happy, sad, hate, love, revenge and so on. The moral of Kant, is at a higher level of utility. Therefore, the moral law, being universal, soften, according to Kant, the sophistic principle that man is the measure of all things, but not alone, explains why we have to understand the actions human cannot move by single pulses.
And the thought of Kant, was severely criticized by Del Vecchio, quoting the contradictory logic of theft, a crime that tends to allow the property, while denying that, so contrary to moral law. Kant's theory has not shown all that the ancient and medieval authors have not been seen in the moral law, particularly the representatives of Christian doctrine. Del Vecchio criticism seems more a way of passing a logical postulate that accompanies contemporary society, which has reduced the morale of its importance against the law. In fact, Kant never proposed a hierarchy, but different areas.
In short, is the complex composition of these two ingredients, we can enumerate the consequences of a philosophical as ethics, metaphysics, logic and aesthetics. These philosophical categories should not be subject to the hierarchy. Human action, (moral, political, legal, religious, economic, etc.) in terms of philosophy, must be held (as a rational value); metaphysically, there is a need for the coexistence of faith and the transcendent value of the fair, (synonymous with "good") as a condition of transcendent reason, expressed by the logic, the conditions are positive. In terms of ethics are the functional requirements of power relations in order to establish the link between the duty to be rational and transcendental being, since both involve the history between right and wrong, finally, we recognize the content or emotional arousal potential, also in the courts, and cannot be underestimated, as it represents, a priori, sensory perception of fair and unfair, as the obvious aesthetic expression.
The implications for science, in Philosophy. In this sense, there is strong concern about the relationship between Law and Justice, whose appearance, which can somehow be treated as an aporia that can be reduced or minimized, in the sense that they understand the real differences between the called social sciences, which is the science of the law of "natural sciences". Indicates Democratic Justice study also phenomenological understanding of values. Among all forms of value, the science of law, therefore, embodies the concept of Democratic Justice, along with other important values.
Clear is the importance of recognizing the relativity of justice, an essential feature to understand the concept of universality of the method by which the Democratic Justice down, arguing with the obvious importance of including in the Justice Law and Policy.
The philosophy of antiquity has been interested in universal justice, according to three possibilities researcher, the knowledge of Justice (Justice Gnoseologia), his concept (ontology of Justice), and values (axiological). Justice has always been a complex, full of all the inherent attributes of deep understanding of the human spirit. It was perceived by most philosophers of antiquity, which in greater or lesser extent, on the theme, the importance of three of these classic authors should highlight the issue further with its ontological aspect: Plato, Aristotle and Cicero.
It is an option that revived classic critical thinking, the emphasis is still possess, is contained in the analysis of several authors medieval, modern, and, finally, presenting contemporary serve them, for having a concept of justice, each his way. However, it is mainly his teachings about universal justice, as part of an initial framework of our research beyond the terms of the Democratic Justice, from a classification of philosophical affiliations after these great sages of the old.
However, have lived in societies with limited technology resources, lack the mass media and other modern facilities achieved to identify the main problems of human nature, including the most prominent of Justice.
Done this historic discovery, a conclusion is necessary, where Plato describes how well the philosophical idealism in the Republic and, above all, an ideal of justice, while Aristotle in politics operates a new methodology based on concepts derived from logical sense of the alleged practice and to link good in theory (ethics Nicômancos), Rome, Cicero continues compiler how are you two streams sublime philosophical (also influenced by them, while preserving its originality by empiricism in the treatment the courts), not exempt at times, the historical notes on justice and thereby contribute to improving the participation of all the conditions of that city. Therefore, we believe that Cicero is a label of Justice, but is close to the essence of justice must be understood as a wealth of positive ideas and concepts in order to function properly in society because, in addition to worrying about the Roman state, wrote about the right way and aging on the friendship, have explored issues of morality and metaphysics Roman society.
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