Agathos: An International Review of the Humanities and Social Sciences (May 2016)
THE CONCEPT OF JUSTICE (‘DIKE’ AND ‘THEMIS’) AS IT IS REVEALED BY THE TEACHINGS OF NEAGOE BASARAB TO HIS SON THEODOSIE
Abstract
This paper is an inquiry into the problems concerning the construction of the legal system: the theme represented by human quality called to building and completing the legal system. The human being is ontologically placed between Dike / Legal Justice and Themis / Transcendent Justice. The person called to judge is the link between two different ontological orders: the order of the Absolute, of Themis, and the order of the Relative, of Dike. This person is the one who guides Themis to perform Dike, in order to do Justice in coincidence with Legal Justice. The Teachings of Neagoe Basarab to his Son Theodosie was written at almost the same time as The Prince by Machiavelli. If we look at Machiavelli’s work and that of Neagoe Basarab, we are able to see two distinct ways to build and give legitimacy to the legal system. The Teachings do not approach a sophisticated architecture of the legal system, with hierarchies and complex abilities. The discourse about justice especially implies the moral valuation of the people summoned to judge and to do what is right. This work is about the foundation of the legal system regardless of its structure. And the foundation of the system is the person called to judge in such a way that Δίκη should coincide with Θέμις. From Machiavelli we have a different vision about Justice and the Legal system: he focuses on the system and not on the person who performs those functions within the system.
