Public Opinion and Justice

Abstract

The article considers the question of whether the legislator should always take into account public opinion. The problems of defining the concept of public opinion are considered: a distinction is made between what people think, say and do. In the context of the Roussoist distinction between the “common will” and the “will of all”, one's own position regarding public opinion is formulated. Further, it is proved that both public opinion and the current legislation are not always fair, while justice as a social ideal takes precedence over both. Hence, it is concluded that legislation, being a form of striving for justice, should not always take into account public opinion. At the same time, the practical significance of taking into account public opinion in the context of the realization of the ideal of justice, identifying the actual needs of members of society, as well as the moral justification of values and determining the persons authorized for such justification is justified. A distinction is made between public opinion and moral position of society. It is argued that the legislator should take into account both public opinion and the moral position of society, but for different reasons and for different purposes.