SUBJECT 4: CHARACTERISTICS OF THE SOCIAL RELATIONS
TREATISE ON FOUNDATIONS OF SOCIAL PHILOSOPHY
4.1.1 The fairness of the social relations has its last foundation in the equality of dignity of all the people that comes to participate to them in a same immaterial intellectual nature, the one that regulates the freedom of its acts. The formal human relations correspond to free acts, those that are only such if they recognize the intellectual perfection of exercise that, they do not making conditional on the matter, assume identical in the nature of all the beings.
4.1.2 The individual distinction of the human beings is characterized by the material individuación of the corpórea substance, that by virtue of its evolution is different for each person and that it determines in his substantial union with the own and particular individual soul, determination that constitutes the personality.
4.1.3 The human relations are constructed from the personality of those who agrees to them, but on the difference of degree that had been able to establish the corporal perfection of each one of the parts, locating it like privileged in the negotiation, the respect must be possible not to reduce the right of being of aspiraicón to the total intellectual accomplishment of the weak part. Only thus its freedom will not be violate.
4.1.4 The materialistic perspective that fixes the relations between humans only from the apparent power of the corporal dominion never can be igualitarias, because the corporal accomplishments never present fairness and for that reason everyone will constitute the power of its perfectividad to prevail in the fine ones of the relation. From this perspective, all the social relations would be dominion relations.
4.1.5 The equality in the dignity of the intellectual nature even demands that the relations favor an equality of possibilities to be developed intellectually, inclusive in more deficient corporal determinations, for an efficient exercise of the freedom. That frame of equality of opportunities to the intellectual accomplishment is the source of the personal right between the human beings.
4.1.6 The social relations as a whole do not have like aim to equal the people, which would be an impossible project by the distinction that the evolution in the nature establishes, but to that on the existing inequality preserves the equality of right to the total intellectual or psychic accomplishment.
4.1.7 This egalitarian right leads not to discriminate in any relation because of race, religion, sex, ethnic group, class, corporal or psychic capacity, age, etc.
4.1.8 Only from the respect to the equality in the right to be the human relations like relations on service for the mutual enrichment of the respective personality are conceived.
4.1.9 The relations that break the fairness in the right to be attempt against the freedom, because all man is as much freer as soon as their intellectual intuitions enjoy a greater mental phantom where to be developed.
4.1.10 Fairness in relations is essentially important in which humanity has come to declare rights fundamental of man, that they constitute the minimum plot so that a person aspires to a development of her nonfrustrating personality, from which to conceive hopes for the exercise of the freedom.
4.1.11 Before the fundamental rights all the men have right equality and for that reason the social relations will only be justifiable if they protect that equality indeed. This principle can also be enunciated declaring illicit all relation that harms the application of equality on the fundamental rights of all person.
4.1.12 To specify the fundamental rights is an arduous task that only with very efforts is making the international society through its organisms public. Be recognized the Declaration of Human rights carried out in 1948 by United Nations, the Declaration of Rights of the Boy, and whatever dictate by consensus in it relations between states, in the state Constitutions and the law of the legal system. Knowing that it is not more than the approach to the explicitación of an important right whose objetivación will demand a permanent development in developman of the civilization.
4.1.13 To respect the fairness in the relations demands the metaphysical intuition to distinguish the equality between people, which as well demands the mental foundation on which to construct this conclusion.
4.2.1 The social relations are constructed in the respect to justice when each one of the parts that subscribe or arrange the commitment receives a proportional benefit to the effort that jeopardizes.
4.2.2 It is necessary to take in consideration that the parameters of distribution of justice only affect the members of a relation as soon as such participate in the same one. Those nontie people to the group cannot argue any right of justice on the benefits that dissipate there, only the possible right to argue is the one of link to share obligations and benefits.
4.2.3 The society by antonomasia, that is identified in the state, is characterized by to include all the people of a geographic or legal determination, without possible exception, in regard to assuming a certain relation of straight natural, consolidated by the historical assent, constructed to protect the citizens to themselves in its fundamental necessities.
4.2.4 The valuation of the application of a justice becomes so much more difficult as soon as than the society it arranges to a greater number of individuals. This difficulty reaches its maximum levels when justice must be applied to the members of a state, that groups not only to million people, but the circumstances and dispositions of the same ones very are varied.
4.2.5 In order to palliate the difficulty that from its extension can be derived in the application of justice, the state articulates the relations between the citizens around the guarantee and protection of the fundamental rights of the person, in whose objective a general benefit by the particular accomplishment of the good fulfills providing that for each person derives from the protection to the free exercise of its basic rights front to the colectivity. Somehow, the state exercises justice by the defense of the individual in its relation to the colectivity.
4.2.6 More guessed right distribution of justice within the state it is obtained with the decentralization of the administrative functions that regulate the citizen rights and duties. The participation within the state is very complex and if the representation of the town is more direct and immediate it obtains a greater probability of arbitrating with justice the public relations.
4.2.7 Within the state, the guarantee of justice is administered by the judicial power that guards as much by the efficiency of the recognized fundamental rights in the constitution and by the defense of each part in the public relations as prevailed.
4.2.8 Besides the public social relation, the people establish particular social relations, or between groups, that will be right according to one double accomplishment:
22.214.171.124 The agreements that regulate a social relation are right when they gather of way frees the proportional application of the goods produced to each one of the subjects of the agreement according to his effort and degree of participation.
- That the agreements established are right.
- That the agreements of a right way for the parts are applied in their accomplishment.
126.96.36.199 In its accomplishment justice is applied if the benefit, or the loss if it took place, is distributed according to the decided thing without trap that weakens the spirit of the agreed thing or being suitable.
4.2.9 The freedom is demanded so that justice can be preached in a social relation because if were contracted the agreement under pressure that harmed the freedom to build of a person this relation would be of dominion in which, by necessity state, the will of a person is forced.
4.2.10 It is necessary to distinguish between the forcing of the free will of a person and its assent forced by the own determinations of its nature. When a person does not please of the effort perform one's duty of survival or to obtain the well-being due to his, for that reason she does not have to be considered that its will is transgressed, because to surpass the psychic hunger is included by the material essence of the human being. One does not force, therefore, the will nor justice when relations are agreed to beyond which it would be desired, by virtue of the responsibility. An example of this would be the labor participation in hard or little rewarding services, but that represent a necessary or advisable service for a social group.
4.2.11 If we excepted the rights that are derived to belong to a natural social community, as it is the state, does not exist right in justice to the benefits of the particular societies to which it is not belonged, because the right is originated of the participation in the relation. They are mistaken who they invoke to have right to any good produced by the humanity. The right in this case would be only generated by the commercial relation that can settle down to acquire it, therefore, the one that the promoters do not extend the benefit in himself would not settle down an injustice with the people other people's to the group that constitutes itself in relation. It could despite supposing a clear imbalance for the solidarity of those promoters and an injustice in cause if the heritage cultural public of whom it had resorted was rejeted.
4.2.12 The vices or lack against justice in the social relations are known according to their matizaciones with very diverse denominations: Disloyalty, embezzlement, corruption, prevarication, swindle, etc. that constitutes crimes according to the tipificaciones corresponding to the respective codes of right.
4.3.1 The power is a human passion that moves to the man to impose its will in the subjects in which it takes part. The fundamental field of the application of that passion is the relation because it creates an object on which to become formalized. From this point of view, the social relations institute a scope of development of power that only can suitably be controlled by the commitment of the parts to the self-regulation of the mutual influence so that dominion situations do not take place.
4.3.2 To belong the power to the basic structure of psiques inferior or sensible and related to the instinct of conservation, common to the majority of the animals, one is in the form to be of all the men of more or less vehement way according to the own temperament and pronouncing itself in different degree from aggressiveness according to the value of the intellectual judgment for his regulation.
4.3.3 The one has been speculated abaut the social relations are relations of confrontation of powers, in which the parts struggle between the necessity to arrange interpersonal services and to impose the will to manage the own interest. Essentially the relations between the subjects that form a group are civic relations, between beings intellectually equipped with the intuition of the good, although affected very temperamentally by the passions that encourage to them in acting. As soon as that the first aim of the relations is the search of the good cannot be assumed to conceive them like a confrontation of powers, but as an agreement of good intentions in whose exercise the anxiety of power able arises.
4.3.4 Since the passion by the power sublies in all the people is necessary that the formalization of the relations contemplates the mechanisms for the control of the same one. For that reason, the statutes that regulate the social relations do not contemplate only average to reach benefits that constitute their aim, but the suitable management of means, rationally structured, so that the wills of the participants in the constitution act do not become broken by the superiority of some of them.
4.3.5 In the measurement that the management of all the society demands to take determinations and these spring of the will of the managers, the influence of the power is inevitable because the individual will moves fundamentally informed by the own interest; from this point of view the pressure of the power becomes patent in any community reason why they are necessary means of evaluation, ratification and rectification of the criterion of the directors to those who the good government of the social group is entrusted.
4.3.6 The management of the power characterizes the different political systems by which the societies can be governed, in special the states, that according to those who exert the power by right or they hold it by the force is possible to be made a general division in:
188.8.131.52 The common thing in the system of attribution of the power in the democracies is to the same is granted to all and each one of the citizens, so that the criterion prevails in the public decisions commonest according to the expression of most of wills.
- Authoritarian regimes.
184.108.40.206 The aristocracy is characterized in which the power is restricted to a select group for class reasons, chaste, religion, culture, tradition, etc. who they administer like own the right to decide in the state subjects, without to the great majority of the citizens it is granted more than, at the most, the opportunity to think on its acts, but always without possibility of participating directly in the spheres where the power is conjugated.
220.127.116.11 The authoritarian regimes include sinfín of systems that they have in common that a minority holds the power imposing its will in the resolutions of state by means of the coaction on the town by the force of the arms.
4.3.7 The effective exercise of the passion of the power is pronounced in the lack of moral authority of that exerts the direction of the management derived from a social relation. The authority prevails by the respect to the norm and the substantiality of the arguments. The passion by the exercise of the power, that is, to govern with the criteria that are considered more advisable, is not bad if it is respected the legitimize right of decision of the rest of the concerning parts in the relation. For that reason the authority is legitimized as soon as it prevails by his arguments and it obtains the necessary support according to the own constituent legality.
4.4.1 The exercise of the relations of dominion by means of the abuse of the power entails the subjugation of one of the parts to the will of the other. The etimología of the word to subjugate is constructed on the image of the yokes with which they formed yokes to use as his effort like shot animals. To subjugate, therefore, refers to be under the yoke to serve another one. The Romans used an arc in yoke form to make happen to the enemies disarmed or overcome in signal of submission and dominion.
4.4.2 From the person concept who contemplates the social philosophy the subjugation represents the cancellation of his deeper identity by the mutilation of the freedom. A man with the submissive will is reduced to the strict materialization of individual.
4.4.3. One of average the most tie ones to the subjugation is the cancellation of the personality. How much plus a man it loses its conscience of freedom as much less will be its creative capacity in the social plot and more easily it will put under his survival the parameters that mark the others to him.
4.4.4 The loss of the freedom conscience can be: conscious or unconscious, casualties or accidental, partial or general.
18.104.22.168 It is conscious when a person totally knows the loss of the scope of exercise of the will caused by that puts to him under its yoke.
22.214.171.124 It is unconscious if the subject does not perceive the loss of its capacity of freedom. It can be in favor motivated because the subjugator uses psychological resources or of the ignorance or dementia of the victim.
126.96.36.199 The subjugation is caused when it has his origin in the decision to exert it by the powerful part.
188.8.131.52 It is accidental when the submission of the will or the reduction of its space of decision is consequence of subrogation actions that affect the personality of an individual without another agent exists who causes them directly.
4.4.5 The last space of the conscience of a man never can arrive to be reduced. No matter how hard a person gets to be dominated and all their acts controlled from the outside, to the internal revolt against that condition cannot be annulled and although residual expression of freedom is sufficient to maintain the condition of person.
4.4.6 Before a relation in which subjugation exists, the weak part conserves the perennial right to recover its freedom although the relation had acquired social root.
4.4.7 The own characterization of the relations marked by the subjugation is the slavery. Many residual forms of slavery in our days exist, not only in which slow civilizations but in the first world are also denominated.
4.4.8 All the disciplines that go to the government of the other people's will participate in greater or smaller degree of the subjugation to the condition of slavery. The tricks of psychological dominion of the propaganda and publicity, the pick up of the sects, the upsetting to the conscience objection, represent forms of slavery of the modern world.
4.4.9 Forms of social subjugation can come as much from the political power, like of the economic power, the moral power. Those relations in some cases are guaranteed by majorities of pressure that coexist within democratic systems, in that even masks that relation of dominion like justification of a right.
4.4.10 The subjugation appears in certain relations that are considered on service when one of the parts lacks capacity for the natural exercise of the relation. The worked relation could be put like example of with a minor.