Law, Society & Organisations (Dec 2019)

FROM LEGAL LIBERTIES TO ONTOLOGICAL FREEDOM

  • Marius ANDREESCU,
  • Andra PURAN

Journal volume & issue
Vol. IV, no. 7 (2/2019)
pp. 39 – 45

Abstract

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Any attempt in the sphere of humanities to characterize and explain man in his individuality, but also in the social existential context, relates to the issue of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only created being whose fundamental ontological dimensions are freedom and spirit. In this study we briefly look into 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 is 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.

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