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ORDINE SOCIALĂ ȘI ORDINE PUBLICĂ
SOCIAL ORDER AND PUBLIC ORDER

Author(s): Ştefan Prună
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: social order; public order; public space; public interest; obligations logic; public welfare;

Summary/Abstract: In the present article the author makes an analysis of the functional structure of the concept of social order, focusing on the general constitutive fundamentals of the concept. Considering the variety of concepts and viewpoints, the author captures the essential elements necessary to properly define and understand the concept of social order. Starting from the position of the individual in building the social order, the author analyzes the individuals tendency to accept the social order only through his rights and not through his obligations. Assuming obligations become an important element in shaping the public order. The public order is understood by the author as a construction of hierarchical authority, and it depends on institutional arrangements, formal relations between individuals, which ensures data stability and balance. Although some authors sustain the idea that a construction of public order is done informally, by the free will of individuals, actually the informal elements are constructed of a qualitative dimension and not by elements of direct construction of public order. The concepts of "culture of public order" or "prevention culture" as elements of social education can be the facilitators of public order and not its configurators.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 35-43
  • Page Count: 9
  • Language: Romanian