Freedom or Justice: A False Alternative

Abstract

In the introduction the author refers to the documents of the CSCE. In these documents we read that the dignity of the human person is the highest value, and economic activity should respect and support it. The dignity of the human person underlies the norm of morality which says, persona est affirmanda propter se ipsam; it is also the basis of all human rights as well as of social freedom and justice. It is methodologically incorrect to state that there is contradiction between freedom and justice. The error here consists in the fact that the contradiction in individual interests or social groups is concealed behind those values, and two different, exclusive (liberal and Marxist) conceptions of freedom and justice are being compared. A social freedom takes place when all human rights are recognized and respected, whereas we deal with justice when these rights are efficiently and equally protected. These values constitute each other, therefore the alternative: freedom or justice is false. One cannot speak about freedom in the sphere of economy, if the partners do not exercise equal rights. The so-called free contracts are neither free nor just, if they are enforced by the partner who is economically more powerful. Contracts must be based on equal rights and the principle of natural law (ius cogens), pact sunt servanda. Various kinds of justice notwithstanding (commutative, distributive and social), justice is one. F.A. von Hayek wrote that "the expression social justice do not belong to the category of error, but to the category of nonsense, similarly as the expression morality of the stone". We may agree with the opinion of the Noble prize winner, however under one condition, namely that we fail to notice the difference between the behaviour of man and stone. The author is decidedly in favor of the priority of labour before the real capital, and views this priority in its ontic, genetic, functional and ethical aspect. That priority is bound with the so-called human capital. The capital being man himself, his health, talents, education, professional qualifications and developed morality. Human capital has been given priority before the capital of things. Human capital is largely made up of labour and is expressed through labour. In the province of economy the highest rank should be given to creative and full of initiative work. Work is a personal, moral, cultural, social, religious and economic value, and for this reason man is entitled to this value, that is to work and to work with initiative. He is also entitled with the right to education, formation and health care. Such rights are social rights. It is critical for the economic development of the country to recognize and realize those rights, and it is also an expression of justice. The right to initiative is closely bound with the right to possess private property. It is important for the economic development of the country to respect the right to participation, for it promotes initiative "from below". Political and economic democracy takes shape when freedom and social rights are being put into practice.