RIGHTOF PEOPLE AND HUMAN RIGHTS IN JOHN RAWLS PHILOSOPHY:PRESUPPOSITIONS OF THE RULE OF LAW IN AFRICA

Is there something like a social function of justice, organizing, alongside politics, our relationship to reality and constituting a minimum standard of action in society?John Rawls answered this question with his theory of justice where principles are presented as necessary substrates for well-ordered societies. This can be formulated the question of the relationship between justice presented as the first virtue of social institutions and the idea of the inviolability of the human person. (J. Rawls, 1997, p. 29).To the question of what link can be established between the law of nations and the notion of human rights, we hypothesize that the opening of the principles of justice to relations between societies allows an indiscriminate implementation of fundamental human rights beyond the borders of democratic societies.This is why the objective of this contribution is to analyse the possibility of a rule of law in Africa from the Rawlsian theory of the law of nations in the perspective of an institutional patriotism.