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    STUDIA PHILOSOPHIA - Issue no. 1 / 2010  
         
  Article:   THE RULE OF LAW CRAVING FOR JUSTICE / L’ÉTAT DE DROIT EN MAL DE JUSTICE.

Authors:  EMILIAN CIOC.
 
       
         
  Abstract:  We propose hereafter an analysis of the way in which the post-communism has determined the significance of justice and, in doing so, pretended to reorganize the possibility for a legitimate political community. Given that the public perception points out to a gap between the rule of law and justice, one should understand for what reasons. Does the rule of law have the resources for doing justice? Are the legal procedures enough? Or should we take into consideration the possibility that the rule of law is unable to do justice? Subsequently, we identify and discuss three radicalizations: the issue of normativity, the rogue state and the heterogeneity between law and justice. Ultimately, the possibility of justice depends on a different way of thinking democracy.

Keywords: rule of law, justice, rhetoric, post-communism, transition, democracy
 
         
     
         
         
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