The ontological concept of justice and justice as a foundation for the construction of a political philosophy and law for Latin America

Abstract

The ontological conception of justice has evolved significantly from ancient Western thought to contemporary ideas in Latin America, especially in the context of Abya-Yala. In ancient Greece, thinkers like Heraclitus and Parmenides proposed justice as a dynamic equilibrium and a set of universal principles, respectively. This duality served as a foundation for reflecting on social justice in the region. During the modern era, philosophers such as John Locke and Immanuel Kant redefined justice in terms of individual rights and morality. Kant, with his categorical imperative, and Rousseau, with his emphasis on the general will, introduced visions that highlighted the importance of citizen participation. This shift towards a social construction of justice was consolidated by thinkers like Hegel, who saw justice as a dialectical process.

In Latin America, justice has been reinterpreted by thinkers like Enrique Dussel and Rodolfo Kusch, who critique Western notions and advocate for an ethics of  “Buen Vivir“ (Good Living). Dussel proposes a justice that emerges from the recognition of historically silenced voices, while Kusch emphasizes the importance of cultural and community particularities. This ontological transformation challenges Eurocentrism, promoting an approach that respects indigenous worldviews. The inclusion of the Abya-Yala worldview in the 2009 Political Constitution of Bolivia is a milestone in this process, recognizing the self-determination of indigenous peoples and the Mother Earth as an entity with rights. This approach integrates an ecological and cultural perspective, laying the foundations for a philosophy of law that prioritizes inclusive justice.