FROM ONTOLOGICAL HAPPINESS TO THE RIGHT TO HAPPINESS
FROM ONTOLOGICAL HAPPINESS TO THE RIGHT TO HAPPINESS
Author(s): Marius Andreescu, Andra PuranSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Canon Law / Church Law, Philosophy of Law
Published by: Editura Bibliotheca
Keywords: Happiness as an ontological state of the human being/the dignity of being happy/the legal understanding of happiness/the fundamental; constitutional right to happiness;
Summary/Abstract: In our opinion, the problem of happiness can be approached ontologically and epistemologically in three ways: 1. As a state of consciousness but also existential of man in his physical, rational and spiritual individuality. It is always relative, determined or influenced by factors external to man, but especially by the various existential situations in which man finds himself; 2. Happiness as an ontological reality not only of the individual man but also of the human being, which has no boundaries of this world and of this life. It is a permanent call of man towards the acquisition of ontological happiness, it is an expression of the transcendental dimension of the human being. Such an approach to happiness involves religious meanings and meanings, especially of Orthodoxy. 3. From a legal perspective, being a fundamental human right that generates correlative obligations for the state. As a fundamental right, it can be enshrined explicitly or only implicitly in legal and political instruments. In this way, happiness is a component of the phenomenality of human existence in the social environment. The right to happiness in the legal sense has the generality and abstract nature of the legal norm, and its guarantee and realization depends on social and economic factors, on the realization of the imperatives of the rule of law and a democratic governance regime; Happiness has a unitary ontological meaning, and none of the above ways of approaching this concept should be approached rigidly or in isolation. In this study we propose an analysis of the concept of happiness, in an interdisciplinary way: philosophical, legal and theological.
Journal: Valahia University Law Study
- Issue Year: 2024
- Issue No: SI
- Page Range: 53-72
- Page Count: 20
- Language: English