Resumen

VILLA SANCHEZ, José Alfonso. On the Sense of the Just and the Law. En-clav. pen [online]. 2025, vol.19, n.37, pp.216-236.  Epub 18-Feb-2025. ISSN 2594-1100.  https://doi.org/10.46530/ecdp.v0i37.701.

There is in the human soul a sense of justice that is intrinsic to the teleological and deontological categories of justice, and that acts as a sting in the relationships that exist between these categories and the legal concepts of justice of the different legal systems. To show the viability of this hypothesis, it is first necessary to show with sufficient clarity what should be understood by the expression “sense of justice”, and how it plays in a double direction that becomes productive for the purposes of reflection. The next step is to show that Aristotle's notion of justice as a virtue operates a sense of justice that is formally prior to it. The same thing happens in the notion of justice as a duty of Kant and J. Rawls. To account for this hermeneutic circle between the sense of justice, the categories of justice - virtue and duty - and the legal concepts of what is considered fair, the support method is that of multiple attestation: it is the resource to texts that testify, at different moments in the tradition, and in various ways, to the tension alluded to. The journey results in the need to delve deeper into the problem, especially in the presence of a sense of fairness in the formal deontological tradition.

Palabras llave : What is just; what is legal; justice as a virtue; justice as an obligation; tension between justice and law.

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