Diferencia Entre Lo Legal Y Lo Justo

Legal refers to law or legislation, positive legal norms. Therefore, the law indicates the existence of laws and the suitability of people for such laws. While what is right in turn refers to the moral sense of the law, to the aesthetics of its norms. That is, if it “only by convention” (the legal rules) coincides or coincides with the “just self”. But everyone knew that it could be as fair as it was difficult to adapt legally. It is therefore not surprising that the Public Prosecutor`s Office, in the context of the appeal against the judgment, opposes the fact that these funds flow directly into the municipal coffers, among other indisputable reasons, because it is not legal, because the norm stipulates that confiscations go into the coffers of the State without indicating the final and concrete destination of the same. Granting the Court`s request would be tantamount to accepting the capricious change of destination of that money, even if that decision was well-intentioned and the objective was undeniably fair. However, if we strictly adhere to the legislation that regulates these areas, no one could say that such practices do not comply with the law, because whether we like it or not, they are clearly provided for by law. But then a question arises: because such practices are legal, does it follow that they are fair? The problem arises when this does not happen and a case of positive convention is achieved by ignoring or, worse, distorting this criterion of supralegal morality. This is the case with the atrocities described above and many other cases where evil laws are enforced.

In such situations, we are dealing with a law that contradicts morality, justice and reason; Pure legalism deprives the spirit of justice. Professor Joaquín García-Huidobro, a renowned specialist in ethics and law, reminds us that the name of the supra-legal authority that Aristotle called “intrinsically just things” was already present in Greek tragedies (as in Sophocles` Antigone) with the name “Laws of the Gods”; then it will appear to Cicero as “unwritten law”, the Middle Ages will call it “natural law” and Kant “categorical imperative”. While it may be strange to analyze these two terms as distinct, there are differences between them that should be noted. In many cases, legal justice is not enough to guarantee just societies because, as in the case of executed women, positive laws can sometimes be false or irrational. That is, they can be unfair. It is therefore true that justice varies according to certain contexts, but what changes is its determination or its concrete character. We know that stealing or killing an innocent person is wrong (it`s not fair), but determining how the person who stole or killed is punished depends on the positive law. And this can vary in its application from one company to another. Among the many speeches I have heard in the Chamber of Deputies and the Senate for the legalization of abortion, there is one that has particularly caught my attention.

It was that of the media philosopher Dario Sztajnszrajber. One of the phrases he used in the National Congress was that “in the name of `truth`, the greatest exterminations in history have been committed.” The phrase comes to mind because Sztajnszrajber also believed that justice in a society is an issue that must be addressed strictly politically, not metaphysically. “Politics, not metaphysics,” he repeated and repeated. The “exceptionality” that the PSOE claims with an undeniable advantage is not legal and outraged that it claims it so lightly. Let`s go much further and pay attention to the legislator, whose job is to grasp the limits of what is legal (and understood as just) and what is not. Laws are always lagging behind society, it is society that pushes reforms, and so it would be a real injustice that, with the excitement it causes, would create the need to change a law or create a new one. It is not justice that inspires the creation of laws, but real injustice that motivates the creation, revision or repeal of a law.