The legal status of complementary concepts of freedom and liability

• Author: Jana Maftei - Licuta Coman Varvara
• Position: Associate Professor Ph.D. 'Danubius' University from Galati, Law Faculty - University Assist Ph.D. in Progress, 'Danubius' University from Galati, Law Faculty
• Pages: 181-184

THE LEGAL STATUS OF COMPLEMENTARY CONCEPTS OF FREEDOM AND LIABI LITY

Maftei Jana *

Coman Varvara Licua **

Abstract

The different meanings of freedom lead to exacerbated events, thus there were requir ed legal, at

conceptual level a dministrative and socia l corrections, also. Consequently, the concept of liability was imposed

in the legal practice to counter the gr and demand of freedom, defined, a t a certain moment, as assumed a nd

implemented responsibility in the social pr actice. Their complementarity should be r econsidered regar ding from

the perspective of contemporary mentalities.

Keywords: exacerba tion; liability; coercion; citizenship.

Introduction

The analysis and r esearch in rela tion to concepts as freedom and legality, responsibility or lia bility are of

interest both from a lega l per spective, in terms of pr otecting a nd gua ranteeing the rights and fundamental

freedoms in the light of curr ent legal civilization. Considered "a ball of confusion and misunderstandings" (Karl

Jasper s) freedom is interconnected with the juridical world and generates throughout intense legal debates a

great number of views, nuances and clar ification of terminology and practica l approaches in the var ious

branch es of la w

1. I n this paper we intend to highlight the link between the concepts of lega lity, freedo m a nd

responsibility from a legal perspective, taking into consideration the multiple valences of the individual’s social

manifestation.

1. Legality - correlative concept to freedom and responsibility

We live in a society in which the human existence stands forefront individual autonomy and free will.

Setting the limits and repo rting on individual freedom is a subject that raises the attention in several ways, based

on cultural awareness and culminating with their manifestation in a ny other circumstances. Freedom is a

synthetic concept regarding only the human being unconditionally this me aning not the possibility to choose

without condition but the choice as an expression o f a will e ndowed with unlimited and arbitrary po wers, but in

the rule o f law, the duties associated with the organic society members of the community they belong 2 to in all

areas of social life. In Heidegger’s opinion: "The supremacy of law in most of social life manifestations,

including the conquest of science, is a goal for the rule of law, particularly today, when technological age led to

a" twist " in the vocation of the true human spirit"3.

In order to approach the concepts of freedom and responsibility, we must first explain the concept of

legality.

The legality of the doctrine was defined as a fundamental principle of law under which any subject of law

must respect and enforce laws and other normative or indivi dual acts4. This way, le gality assumes respec ting of

the prescribed conduct by complying with the rule of law, providing a climate of respect for values and of the

social rules.

Citizens are free to express and undertake any kind of acts, except the ones p rohibited by law. Mandatory

compliance with legal normative takes primarily the form of constitutional principle, b ut takes a nd specific

features from each branch of law.

Compliance with the law is imperative for both individuals and legal entities within a societ y.

The guarantees of legality consist of a number of factors which e nsure the compliance with the law.

These guarantees can be objective or subjective, general o r special, operating cumulatively and ensuring the rule

of law, promoting legality.

The society as a whole cannot exist without the ru le of law, without the need for security and justice, but

in order to achieve this goal, the fulfil ment of conduct laid down by legal rules should be complemented by the

compliance with moral, religious, political, reaching thus what we call social harmony.

* Associate Professor Ph.D. “Danubius” University from Galati, Law Faculty, e-mail:janamaftei@univ-danubius.ro

**University Assist Ph.D. in Progress, “Danubius” University from Galati, Law Faculty, e-mail:varvara.coman@univ-danubius.ro

1 Apud Ioan Craiovan, Tratat elementar de TGD, All Publishing House, 2001, p. 333.

2 Coman Varvara Licua, Maftei Jana, Negru Vasilica, Matei Dorin, Costache Mirela Paula, Negru Alexandra, „The Principle of Human

Liberty and its Relation with Bioethics and Biolaw”, Annals of DAAAM for 2010 & Proceedings of the 21st International DAAAM

Symposium, Volume 21, No. 1, ISSN 1726-9679; ISBN 978-3-901509-73-5, Published by DAAAM International, Viena, Austria, EU, 2010,

p. 1255-1256.

3 Wlodzimierz J. Korab-Karpowicz, Heidegger, The P resocratics, and the Histor y of Being, in Existentia: An International Journal of

Philosophy, vol. 11, 2001, pp. 491-502.

4 Hum, Ioan, Teoria general a dreptului, „Danubius” Academic Foundation Publishing House, Galai, 2009, pp. 150-152.