ДОМЕТИ МОДЕРНЕ ДЕМОКРАТИЈЕ У АФИРМАЦИЈИ (ИЛИ НЕГАЦИЈИ) ИДЕЈЕ И ВРЕДНОСТИ ПРАВДЕ И ПРАВЕДНОГ ДРУШТВА

• Published in: Zbornik radova Pravnog fakulteta u Nišu Vol. LVII; no. 80; pp. 117 - 134
• Main Author: Mihajlović, Vladan
• Format: Journal Article
• Language: Serbian
• Published: Правни факултет Универзитета у Нишу 2018; Faculty of Law - University of Niš
• Subjects: Law, Constitution, Jurisprudence; Philosophy of Law; Political Theory; fairness; social justice; democracy; natural justice; democratic justice
• ISSN: 0350-8501

Democracy originated from and developed on the ideas of justice and equality, a fair legal system which is accessible to all and to every single person. It implies that all people have the same chances to succeed when they compete in social life and demonstrate their values, talents and abilities. Their success ultimately depends on their efforts and capacity to prove and demonstrate their talent and virtues. The society cannot do much to either help or frustrate them in their pursuit. A democratic society opens the door for everyone to participate and compete with others. As a result of this open competition, individuals are ranked on a scale of social success or performance according to the results they demonstrate in their work and management of social affairs. Thus, the society of justice does exist only if it provides justice for everyone, so that each individual can achieve the goal pursued. In a democratic society, it is certainly easier to make promises than to ensure the actual exercise of justice. Moreover, what seems to be right and just for an individual does not necessarily have to be right and just for the society (or a community) as a whole. Democratic justice (justice in democracy) is not a mechanical sum of individual needs and goals of all citizens living in a society. No matter how successful and developed a society may be, no society can satisfy all citizens’ needs and achieve fairness and justice for all. There are always individuals who are dissatisfied, or disgruntled by failure in pursuit of their wishes and ambitions. The society cannot be blamed for their failures, unless it apparently obstructs their efforts, or imposes some restrictions or obstacles. Justice is the goal pursued by every single individual; thus, each individual is equally responsible for and in charge of how much justice or injustice is there for everyone and for all. Justice is not a static and unchangeable social condition, which is automatically afforded to all individuals by the mere fact that they are human (natural) beings. Natural justice, based on people’s inherent capacity to be fair and just, can never be reduced to social justice, nor measured or compared with it. The fact that people are equal by nature does not mean that they are equal in a social, financial, cultural and any other sense; nor does it mean that they should equally enjoy the benefits of justice. Social justice is not an ultimate state of welfare for all, nor can be afforded to every single person. To enjoy its benefits, one has to fight and win. Some succeed and others fail in this struggle. For this reason, there has never been and there will never be equal justice and fairness for all members of the community.