Abstract

According to the social contract theory, in order to achieve justice, people grouped themselves in societies. Historically speaking, judges appeared long before the legislator which means that justice was the first element of the social life. Therefore, it expresses the social ethics of a particular time and requires a minimum of credibility. Excessive pragmatism and utilitarianism have kidnapped more and more of what is humane, superior and sacred in the act of justice, and “secularized” it. As Eliade said in The Sacred and the Profane, the sacred is something which is totally different, a space of radical otherness which overshadows the physical territory. This shading manifests itself through limitation, sequencing, reiteration and keeping what is sacred there, even in a courtroom, through ritualization.