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      Politokratiese kommunitarisme en publieke geregtigheid Translated title: Politocratic communitarianism and public justice

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      De Jure
      Pretoria University Law Press

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          Translated abstract

          Politocratic communitarianism is based on Nisbet's, Sandel's and Maclntyre's interpretation of Aristotle's sociology and theory of justice. It fosters Aristotle's views on the growth manifested in the organismic state under which the whole of society is subsumed. The physis (growth) of the state is expressive of the whole of reality. In this sense, the city-state is by nature clearly prior to non-state entities and individual persons, since the state is of necessity prior to its parts. The Aristotelian organismic teleology is related to the doctrine of the great chain of being, which sees every element of society as an infinitesimal gradation of ascent to transcendental reality, and which informs the politocratic communitarian philosophy of community. Society as a whole, its structure and processes, is deemed to be representative of the organismic state; society and all its institutions, participates in the entire realm of organismic reality, an idea fundamental to politocratic communitarianism and National-Socialistic state and legal philosophy. The ideal forms of community and public justice are expressive of the biopolitical aims of the power-state: the plurality of non-state entities are subsumed under the universalistic state, the pluriformity of legal spheres in society are encapsulated within the organismic political society and the principles of liberty and equality in civil private law are negated to the point where material injustices are legitimised by state aims. The Aristotelian concept of the biopolitical state is, arguably, the highest barrier for politocratic communitarians and National-Socialists to overcome in their aspirations to meet the benchmarks of the law-state and to satisfy the requirements for ensuring public justice. This essay investigates the implications of politocratic communitarianism, its shared Aristotelian heritage with National-Socialism, and the law-state implications emanating from this tradition's organismic and biopolitical state and legal philosophy.

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          Most cited references15

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          Die Juridies-Wysgerige Grondslae van Vryheid en Gelykheid: Die Grieks-Romeinse Aanloop

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            Goosen 'Oor die Republikeinse Gedagte. 'n Oefening in Herinnering'

            (2010)
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              Nisbet's Visible and Invisible Communities

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                Author and article information

                Contributors
                Role: ND
                Journal
                dejure
                De Jure
                De Jure (Pretoria)
                Pretoria University Law Press (Pretoria, Gauteng, South Africa )
                1466-3597
                2225-7160
                2016
                : 49
                : 2
                : 242-264
                Affiliations
                [01] orgnameUniversiteit van die Vrystaat orgdiv1Departemente Geskiedenis en Publiekreg
                Article
                S2225-71602016000200005
                10.17159/2225-7160/2016/v49n2a4
                9043e542-bd7c-4922-bedb-e849a160eee2

                This work is licensed under a Creative Commons Attribution 4.0 International License.

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                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 15, Pages: 23
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                SciELO South Africa


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