We must recognize that it could not cope with the Democratic Justice, without establishing a pattern of expression, which tends to discourage, the restructuring of the highest known. For this reason it is taking the concept of”rhetoric" of nutrients that part of the premises acquired by the analysis of them with the support of other premises, if necessary, to raise the concept of Democratic Justice study. And you do not agree with Perelman when he says that justice is presented as a confused concept? But ECO is a comment used to believe that a true positive effect of the rhetoric of nutrients in the concept of Democratic Justice:
The first movement is effective: from purchased premises and arguments, criticize, review and make stylistic inventing cadences that, although according to some general trends of our system of expectations, indeed the richest.
This means that the principle of excluded middle, expression of Aristotelian logic has never been out of the knowledge process of justice. To make a final decision on the merits in court proceedings, the judge has only two options: either convicted or acquitted the accused. There is also in the operative part of a prayer room for ontic logic, these three fields of ontic prohibited, permitted and necessary to generate the beginning of the fourth excluded. They can be useful in understanding the values used by the magistrate, as principles of interpretation of law, distributive justice, on the basis of the sentence, but in the end, the judge has no way out of the Aristotelian logic corrective justice, convicted or not convicted. There is also a demand that may contain several requests from both the author and the defendant. They applied the same reasoning. The judges use the term "action based in part" by accepting only any of the claims dismissed as others that just seems unfair in light of the whole. Forensic and normal expression that also involves the elimination of non-Aristotelian logic.
Politics in the opposite occurs with the indiscriminate application of Aristotelian logic. You can generate some gross errors.
1 = premise of democracy is rule by the representation obtained by the free choice of the majority, 2 = premise that most people choose the representation is poor, the poor end = more representative elected to government posts. Both assumptions are quite true. Why, then, the logical conclusion is not? But if, on the one hand, formal logic suitable for legal discourse, but, finding no other political activity in the right direction. Few poor people in position to compete for elected office, which is a serious flaw in representative democracy, while in the law, with improved procedural techniques, improved daily access of the poor to the judiciary, primarily guaranteeing the right of action, established as a fundamental principle of law in the State Constitution.
In fact, you cannot find logical deductions in a traditional form of security to ensure democracy in the knowledge of political and administrative justice. Take this example: One is a poor country and B is a rich country, which has the money borrowed from B, to eradicate poverty; B reproduces the capital borrowed plus interest; conclusion, eradication of poverty. Obviously, there is no logic in this regard. A historical analysis leads to the simple observation that poor countries are even poorer in relation to their creditors and not to make the desired corrective justice. Increased, unlike the national poverty while rich countries better economic conditions of life for its citizens. This shows that it is better to borrow money and receive back with interest in obtaining a distributive justice for its citizens.
Finally, we can say that the law is present in Aristotle's rhetoric as a technique Geräte, to ensure the effectiveness of the movement, with positive effects for society, while politics is an apparent movement, which, according to ECO
"(...) We seem to lead to new decisions (buying a product, according to a political opinion), but in doing so, part of the premises, arguments and stylistic rhythms belonging to the universe and accepted and therefore urges us to do, but are apparently different, it always did. "
This is why Kelsen, having developed the purification of law by a scientist from the appropriation of formal logic, not to take criticism Aristotle. Rather, it is your ally and stressed its importance in which, indeed, Aristotelian logic is fertile ground in the law and getting practical results for the company, marking its presence in the knowledge processes of justice, but is irrelevant in terms of Democratic Justice Policy, with a view to possible use of a classification, is near some of the tenets of Aristotle, that through his theory of the division allows the distance to defend the possibility that the Justice have more of a knowledge process. Furthermore, the general equitable principle of universal justice Aristotelian principle of democratic justice, but relied on a new footing. This concept, issues of unparalleled importance for the development of the State on the lines as closely as possible right away, therefore, the pure faith in justice, which is the hallmark of the works of Plato . In fact, in politics, Aristotle examines the power of the state from a constitution, divided into three parts: one that deals with the discussion of public affairs, the second set of public functions and the third on the organization of power judiciary.
Given the division of remedial and distributive justice in the judiciary should be tried under the rules of corrective justice, i.e. to separate the functions of government and has an autonomy of decision. It is exactly what Aristotle in the sense that it does not mention the role of the judiciary in government but could come from the State Constitution. What is left to conclude that, according to Aristotle, the law excludes from the concept of Justice, although not its integral part, it is understood that the law, an Aristotelian view, does not guarantee a completely fair selection, especially in front of the virtues The fact led him to use logic to explain that the law can be a virtue only if it eliminates other options available, and furthermore within corrective justice. Distributive justice would be at the mercy of human nature, since man is political by nature, is against reason to understand the nature and rationale of the law, subjecting them to the virtues. The only element which then can interact with nature and the law is that equity Democratic Justice considers that the necessary balance to his concept.
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Moreover, in the field of politics, the Roman "jusfilosofía" Cicero seems to be the consummation of the facts and truths that tend to confirm the victory of the democratic republic in monocracy of emperors, which would make the republic more just and more virtuous, as is popular is its merits. Monocracy on the contrary, the foundation is the will of the sovereign. With a wide field of Greco-Roman history, Cicero concludes that only the courts can make the government of the republic.
Clearly, however, have common concerns: Cicero discusses the works of the two Greeks. Aristotle is a critic of Plato, Cicero is implicit criticism of both.
With distance, communication and transport difficult, far from the complex problems facing states today, ensuring a reduction to the philosophical principles that are insurmountable, and are being studied as bridges for access to modern and contemporary theories justice. In conclusion, two of these principles is found in Plato and Cicero as a most important element of the concept of Justice of the stability of the state. Aristotle, in turn, establishes the concept of justice (Nicomachean Ethics) in equity. The two will join the Democratic Justice, updated, of course, their content.
Bertrand Russell, reports that the main purpose of the book The Republic, Plato, is to define the concept of Justice. The word justice has much more content than Socrates and Plato joined the Justice, equality (democracy), the other used as a synonym of Justice Act (Act). In fact, Plato introduces a new version of Justice, which is not based on the Socratic principle of equality, as the Platonic ideal of equal opportunities to different powers among the different individuals belonging to the Hellenic Republic, to see that is not an injustice, because the power and privileges of guardians (rulers) and the other citizens would be established by a law first. There would only be wrong when someone wiser than the guards was away from the direction of the power of the government of the Republic or if the citizen does not agree with decisions affecting the Republic. Therefore, Plato created a system of low social mobility, but to allow promotion and demotion of citizens in its merits. Portrait of a form of meritocracy, which can be treated as the first criterion of justice of the republican city-state also used as a criterion to occupy the places mentioned in the society, the natural capacity of each individual by measuring skills with the skills developed in each state or private. Therefore, in accordance with this concept, the Platonic Justice proposes that man is devoted to his work, and the fundamental principles of division of labor (social skills) were present from the formation of the city-state. He highlighted the commitment to equality in Plato's intention, the main premise of his concept of Justice. Maintaining the stability of the State, by legal standards to ensure the effectiveness of the division of tasks that could be interrogated by the principle of freedom, ends up being suffocated by law.
Kelsen identifies an insurmountable problem in the theory formulated by Plato, the absence of a material content of the law, i.e. the notion of justice is based on metaphysical criteria. The material law is absent in the thinking of the Greek philosopher and is not intended to justice Kelsen, therefore, a simple rule of evidence in the Constitution is not sufficient to achieve justice alone. Kelsen shows that the Constitution did not represent Plato's law, but only the production method to govern on the basis of education. The Constitution is an educational content more Platonic than legal or political. After is also the case dual between "good" and "wrong" Plato is a tonic to define his idea of justice as well as Kelsen points out, Plato is not recognized through the sense perception. The object of knowledge is beyond the senses, or is outside the scope of the dialectic experience.
Created by Plato as a philosophical method to improve the Socratic project and intuition of the idea and the effort to find room for criticism about the essential nature of intuition of the idea. The debate is about the dialectic between insights and conclusive on the idea.
He was also the pioneer in the defense of objectivism. The development of a pioneer of the theory of ideas is the first design of the object as a decisive factor between the two members of the training.
It's hard to disagree with the analysis concluded that there is a conceptual error in Kelsen in the construction of the theory of justice, Plato, the principle of equality, which is part of an initial arbitrary discrimination that is not rational . Thus, while legal, Plato's Republic would not be legitimate. What Kelsen not realize is that not only the content of the substantive law of the State Constitution that would lead to the decline of the Platonic Justice, but above all, the importance indefinitely regardless of the mechanisms of understanding in the sense of that gives priority to the natural possibility of rationality, which has no religious content decisively. The greater the intelligence would be the prerogative of a few individuals (scientists and philosophers), who naturally become the leaders of the republic. In this regard, received partial recognition of the Republic of Utopia, Thomas Morus, where he admits that, instead of just listening to the philosophers, the king must be a philosopher. With this, Morus said he understood the negative consequences of advice on the condition that the king receives from philosophers (the counselors). I should say that Plato suggested that if the wise abstain from political activity, reaffirming that the king would be the only true philosopher.
Cannot agree with Morus fully, especially in detail, once we accept as definitive proof of the intelligence of the Republic, and Plato enough to see that only indicates the nature of the correct positions to be filled by individuals its environment (which was mentioned by Morus), and philosophy means being able to identify these individuals through the dialectic of rest (the emphasis is on the political importance of the method developed by Plato). So the obvious conclusion, that went unnoticed for Morus, who was the full realization of the Republic can only be explained as a philosopher or a group of them become leaders in the city-state, which leads us to believe that the implementation This project would result in short term, under a totalitarian state. Therefore, freedom, social mobility guarantees the Platonic Republic is limited to individuals, governments (and citizens of the tutors) who have control of a philosophical method. If the person was able to assimilate and use, would have a position in government.
However, all the criticism raised by the identification of faults in Plato's Republic, with regard to equality of opportunity and democracy, there is no possibility of seeing some of Plato's ideas that portray very well a universal truth, as detected with the aid of intuition, because they are involved with the progress of the world and society is a task that involves the permanence of actions to ensure a balance (or medium virtus) of the city-state, which in basic terms, he called and absolute. This is probably the principle of Justice, mentioned by Plato, later defined as stability Cicero by the State.
In the Republic, Book IX, we saw a metaphysical thought explained by a metaphor that is related to the knowledge of the stability of fundamental importance for the understanding of the Platonic Justice. Plato says the tyrannical man, as man of democratic causes, which, once formed, and how is your life, happy or unhappy. By analogy with the division proposed by the study of Democratic Justice, Plato leads (as transcendental condition) which represents himself (as positive) and what her life is a manifestation of ethics (and functional). However, it explains the stability of a clear and rational. The metaphor seems sufficient to maintain the effects of right or wrong behavior. Chimera, Squill, and Cerbère fable with multiple forms of a single body, a body and can be interpreted as representing the State. Plato, projecting a kind of surreal discussion genetics, said that this organism is a species of animal multiform, with many heads, arranged in a circle of animals docile and fierce, and able to change and take everything of him this second Glauco job that requires a skilled sculptor. It seems that when the stability of the key issue will always be more stable than through a government, to bridge the gap between the various behaviors that develop in society, and can also be called a just state. Furthermore, any concern of the Greek philosopher with a system of government adequate for the republican and the second rigid structure of social norms with little or no mobility, combined with an elitist system focused solely on state interests, are questions about existence a principle of stability to ensure the effectiveness Platonic Justice. Not enough to be a State, should be a state fair in the way of the values of the time he eventually supported by an appropriate government established power relations in this society.
In conclusion, we highlight two points.
- The first concerns the dichotomy of law in Plato's Republic, severely criticized by Kelsen, who denies the Platonic justice - the critical as well as the Vienna Circle, for those who recognize unacceptable.
- The second point is characterized as identified in the work of Plato, an ideal state of stability, based on criteria of justice of a transcendent, especially in regard to citizens, who in a position to participate in the selection for the government of the city-state.
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