Existentialism
In existentialism they affirm that man is a being "thrown into the world", this phrase can be interpreted literally: Europeans feel thrown into an inhospitable world, thrown from their destroyed homes and the security of their beliefs, values and ideals. In general, the concept of "existence" is opposed to essence and is not, in principle, a term that can be defined since the definition refers to essence. But for existentialists, this term has a restricted meaning, it is man's own way of being.
Thus only man "exists" properly, since "man" and "existence" are taken as synonyms. And in this sense, existence implies freedom and conscience, in the words of Jaspers:
Existence is what is never an object; it is the origin from which I think and act, about which I speak in passages that are not knowledge of something: 'existence' is what refers to and relates to myself and, in it, to its own transcendence.
Thus, man exists to the extent that he is the origin of himself and makes himself through his free choices. Sartre will say that in man, existence precedes essence… or in other words, that man is freedom:
What we call 'freedom' cannot, therefore, be distinguished from the being of the 'human reality' Sartre, Being and nothingness.
In a different way in Heidegger, the existence of man is not prior to his essence because his essence consists in the same existence.
The consequences of identifying existence with the human being are that things "are" but do not "exist" in a strict sense and, on the other hand, the existence of man can be inauthentic if he renounces his freedom. For existentialism, to exist is to be in the world and to relate to things and other existing beings. But it is not simply about being among things, but about heading towards them. This attitude is understood as transcendence, that is, leaving one's consciousness to go towards the World.
Being in the World is something fully active. Man is among other things, walking among them in an interested (practical) way: he takes care of things, he takes care of them. Thus, man creates the only thing that constitutes his "true" world. A set of relationships of the tools to each other and to man. Thus the human space of the World is constituted.
A central concept within existentialism is that of possibility which is identified with freedom since I am free because it has possibilities and thanks to it I make myself.
Human behaviour
Most psychologists today agree that the proper object of the psychological sciences is human behavior. But, by “Human Conduct” many things are understood, besides being able to be approached from very different points of view.
Human behavior is the fight for the life of the premature newborn. Artists, scientists, teachers, politicians, exercise human behavior when they apply their knowledge and skills to their corresponding tasks. Human behavior is the fantasies of a child, the dreams of the adolescent, the hallucinations of the alcoholic. Human behavior is well known, but poorly understood.
When we talk about behavior, we refer first of all to the clear and evident activities observable by others: his walking, speaking, testicular, his daily activity… this behavior is called evident behavior because it is externally observable.
To take care of any human problem we must first try to understand human behavior in a scientific way. What does this mean? Understanding behavior on a "scientific level" means that we need to know the principles that govern it.
There are three principles:
Chance, motivation and purpose.
- Coincidence: for this principle, all behavior is caused, it obeys a cause. In a given situation we behave in one way and not another: according to this principle we must look for the reason for this uniqueness of behavior in previous events and not in the result or performance of it. Motivation: all behavior is motivated by something. a purpose in behavior, and by it the conduct of man makes sense and can be interpreted.
The behaviors differ from each other because the subjects: They are in different situations, they have individual differences, they pursue different ends.
What is behavior? We understand by conduct the act performed as a reaction to the stimulus. This act includes thinking, physical movements, facial and oral expression, emotional responses.
Existentialism and the normed behavior of the subject
Behavior is the instrument by which the being expresses its existence in the world, inventing, discovering, giving a meaning and order to the universe and therefore creating norms (legal systems) of coexistence, which at the same time contrasts with the very essence of existentialism that says that man is freedom.
Therefore, the Law does not pre-exist the human, the human creates the Law and pre-exists him. The unit with the greatest power imposes the right to the one with the least power. In other words, law does not pre-exist power, nor does it create or limit it, if it tends channels to it that it overflows with its enormous wealth.
Created by power, Law, like matter, keeping its distance from the case, will no longer recreate or destroy itself, it will only transform.
A norm is a must be of something that already is, is the entity of a being. In other words, a norm expresses a normative normality, it is a form that requires matter to make sense. A Constitution is not a norm, it is a matter that requires form. Constitutional norms are one thing and the Constitution is another. The answer to what a Constitution is is an ontological answer. We cannot respond by saying that a Constitution is a set of legal norms, collected in a solemn document, that consecrate individual rights and the division of powers, and that for its modification require a more difficult procedure than that used to modify any other norms., which resort to it for purposes of validity, that is, the supreme law (top of the legal pyramid) that is divided into a dogmatic and an organic part,that in order to change it needs a special procedure, and on which the validity of the legal system depends. And we cannot answer like that, not because we don't like the definition, but because it is false. This definition includes the Kelsenian formalism, the formal concept and the material, which are what are traditionally used. In short, this is the definition that delineates the theological conception of the Constitution, dogmatic and unscientific by definition.it is this definition that delineates the theological conception of the Constitution, dogmatic and unscientific by definition.it is this definition that delineates the theological conception of the Constitution, dogmatic and unscientific by definition.
Law and legal norms must necessarily appear to us in each phenomenon as what makes the phenomenon possible. Conscience comes to admit the existence of Law and legal norms. The legal phenomenon is shown through legal consciousness, but the being itself is independent of it.
Therefore a subject exists and demonstrates its existence through the conduct with which it creates the right that in turn limits the existence of being.
