FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTY
In this study we briefly look onto the concept of freedom not only as a moral value or category, but also as an ontological dimension of man. In this way we make the distinction between ontological freedom and the legal freedoms established or recognized by the legal norms. The legal liberties are a...
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Nicolae Titulescu University Publishing House
2025-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | https://cks.univnt.ro/download/cks_2025_articles%252F3_CKS_2025_PUBLIC_LAW%252FCKS_2025_PUBLIC_LAW_012.pdf |
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| author | Marius ANDREESCU Andra PURAN |
| author_facet | Marius ANDREESCU Andra PURAN |
| author_sort | Marius ANDREESCU |
| collection | DOAJ |
| description | In this study we briefly look onto the concept of freedom not only as a moral value or category, but also as an ontological dimension of man. In this way we make the distinction between ontological freedom and the legal freedoms established or recognized by the legal norms. The legal liberties are a phenomenal expression of human existence whose legitimacy and motivation are conferred by the ontological dimension of human freedom. In this context, the main features of the legal freedoms and the practical importance of the ontological meaning are to be found in the freedoms consecrated in the law. Conscience is a defining existential reality of man, whose meaning can be seen only through an interdisciplinary unceasing effort of thinking and knowledge. In this study, we propose to make such an analysis of the conscience as an ontological foundation and characteristic of man, in its individual and social dimension, whose basis is made up of philosophical, theological and legal ideas, concepts and theories. Freedom of conscience is the main feature of the manifestations of man as a person within the specific environment of his/her existence. From the legal point of view, freedom of conscience is a complex fundamental right requesting a wide legislative system in order to establish and guarantee it. In our opinion, both the basis and the legitimacy of the legal system protecting the freedom of conscience are given by the philosophical truths and the truths of faith, as expressed in theological writings and meditations. In this study, we identify the theological and philosophical bases of the freedom of conscience and their reflection in the legal field. In exceptional situations, such as the state of emergency or the state of alert established for a long time on the Romanian territory, the rulers have restricted the exercise of some essential fundamental rights, restrictions that seriously affect the private and social life of the people. |
| format | Article |
| id | doaj-art-b7475231269f41b8a2ba09fa8da32357 |
| institution | DOAJ |
| issn | 2068-7796 2359-9227 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-b7475231269f41b8a2ba09fa8da323572025-08-20T02:46:29ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962359-92272025-05-01181294305FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTYMarius ANDREESCU0Andra PURAN1Scientific researcher, Institute of Legal Research „Acad. Andrei Rădulescu” of the Romanian Academy; Romanian Association of Philosophy of Law and Social Philosophy (e-mail: andreescu_marius@yahoo.com)Lecturer PhD, National University of Science and Technology Politehnica Bucharest, Pitesti Branch, Faculty of Economic Sciences and Law (e-mail: andra.puran@upb.ro)In this study we briefly look onto the concept of freedom not only as a moral value or category, but also as an ontological dimension of man. In this way we make the distinction between ontological freedom and the legal freedoms established or recognized by the legal norms. The legal liberties are a phenomenal expression of human existence whose legitimacy and motivation are conferred by the ontological dimension of human freedom. In this context, the main features of the legal freedoms and the practical importance of the ontological meaning are to be found in the freedoms consecrated in the law. Conscience is a defining existential reality of man, whose meaning can be seen only through an interdisciplinary unceasing effort of thinking and knowledge. In this study, we propose to make such an analysis of the conscience as an ontological foundation and characteristic of man, in its individual and social dimension, whose basis is made up of philosophical, theological and legal ideas, concepts and theories. Freedom of conscience is the main feature of the manifestations of man as a person within the specific environment of his/her existence. From the legal point of view, freedom of conscience is a complex fundamental right requesting a wide legislative system in order to establish and guarantee it. In our opinion, both the basis and the legitimacy of the legal system protecting the freedom of conscience are given by the philosophical truths and the truths of faith, as expressed in theological writings and meditations. In this study, we identify the theological and philosophical bases of the freedom of conscience and their reflection in the legal field. In exceptional situations, such as the state of emergency or the state of alert established for a long time on the Romanian territory, the rulers have restricted the exercise of some essential fundamental rights, restrictions that seriously affect the private and social life of the people.https://cks.univnt.ro/download/cks_2025_articles%252F3_CKS_2025_PUBLIC_LAW%252FCKS_2025_PUBLIC_LAW_012.pdffreedom as moral valuecharacteristics of ontological freedomthe features of legal freedomsexceptional situationsrestriction on the exercise of certain rights and freedoms |
| spellingShingle | Marius ANDREESCU Andra PURAN FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTY Challenges of the Knowledge Society freedom as moral value characteristics of ontological freedom the features of legal freedoms exceptional situations restriction on the exercise of certain rights and freedoms |
| title | FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTY |
| title_full | FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTY |
| title_fullStr | FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTY |
| title_full_unstemmed | FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTY |
| title_short | FROM THE PRINCIPLE OF SUPREME LAW TO THE PRINCIPLE OF SUPREME LIBERTY |
| title_sort | from the principle of supreme law to the principle of supreme liberty |
| topic | freedom as moral value characteristics of ontological freedom the features of legal freedoms exceptional situations restriction on the exercise of certain rights and freedoms |
| url | https://cks.univnt.ro/download/cks_2025_articles%252F3_CKS_2025_PUBLIC_LAW%252FCKS_2025_PUBLIC_LAW_012.pdf |
| work_keys_str_mv | AT mariusandreescu fromtheprincipleofsupremelawtotheprincipleofsupremeliberty AT andrapuran fromtheprincipleofsupremelawtotheprincipleofsupremeliberty |