The Interaction Between Philosophy And Justice – A Study By Artur Victoria

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.

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