JUSTICE BETWEEN REALITY AND LEGAL FICTION

Justice as a public activity seen between reality and legal fiction is a topic of deep reflection, but also a continuous challenge for legal professionals who have to analyse the close connection between the purpose of justice and the artificial legal constructions of legal science, that is, between real and fictional justice or, in other words, formalised justice. Law as a science, in all its endeavours to regulate various conducts and situations, has found the solution to resort to a legal construct called legal fiction, a construct which has become almost indispensable, but which can sometimes irreversibly distort the profound purpose of justice as a civilising act of any civilised society. At the same time, it is necessary to analyse, with a great deal of prudence and professionalism, the double perception of justice in the first sense as this symbolic and normative construct called legal fiction, and in the other sense as a real, concrete and institutionalised public activity with a real impact on the subjects of law, exercised as an exclusive attribute of the rule of law in establishing and maintaining the legal and constitutional order.