THE CONCEPT OF FREEDOM AND THE RESPECT FOR THE
LAW IN A RULE OF LAW Cover Image

THE CONCEPT OF FREEDOM AND THE RESPECT FOR THE LAW IN A RULE OF LAW
THE CONCEPT OF FREEDOM AND THE RESPECT FOR THE LAW IN A RULE OF LAW

Author(s): Mircea Tutunaru
Subject(s): Politics / Political Sciences, Philosophy, Law, Constitution, Jurisprudence
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: freedom; law; democracy; right

Summary/Abstract: Freedom is a concept as old as the democracy one, but freedom led to the edification of democracy.Within human society, the issue of fredom, of the concept of freedom, starts from the pereuisite that theindividual depends on the values and norms of the society he lives in. „Freedom consists in being able todo what the law allows to do.” (Montesquieu)Freedom of conscience is considered the foundation of all public freedoms. If, according to Hobbes’ theory,safety is a is a purpose of the social contract, freedom is a higher purpose and freedom of conscience isconnected to reason.It is an axiomatic truth that law is a phenomenon related to social life and the disruption of social ordercreates favourable conditions for breaking the law. Law enforcement is intended to ensure the social orderin correlation with other factors generating democracy, among which human rights occupy an importantplace.The principle of legality is a principle of the constitutional democracy and an essential demand of the rule of law.

  • Issue Year: 2/2017
  • Issue No: 8
  • Page Range: 75-82
  • Page Count: 8
  • Language: English