AN ATTEMPT OF MAKING OPERATIONAL THE IDEA OF BRINGING LAW TO SENSES Cover Image

ЈЕДАН ПОКУШАЈ ПРАВНЕ ОПЕРАЦИОНАЛИЗАЦИЈЕ ИДЕЈЕ ДА CE УРАЗУМИ ПРАВО
AN ATTEMPT OF MAKING OPERATIONAL THE IDEA OF BRINGING LAW TO SENSES

Author(s): Jasminka Hasanbegović
Subject(s): Human Rights and Humanitarian Law, Philosophy of Law
Published by: Правни факултет Универзитета у Београду
Keywords: Beason; Universal auditorium; The United Nations Organisation; . Human rights; Legal criticism

Summary/Abstract: Although there is no satisfactory philosophical answer to the question of a thorough (and, thus, generally acceptable) founding, namely justifying of norms, values, decisions or choices - one contemporary attempt to settle the problem is the introduction of an universal auditorium, as a criterion of their reasonableness. The present article is dedicated to making operational the idea of bringing these to senses. First of all, the notion of universal auditorium is elaborated, to be followed by treating the way of its making operational in terms of law in so - called universal international law, and first of all in the United Nations Organisation and in its most significant enactments relating to human rights. This may serve as a criterion of bringing to senses the legal orders of individual states, namely of raising criticism of their positive law solutions. This analysis, however, is not sufficient if one disregards the political - legal environment where such norms have to be implemented and created.

  • Issue Year: 39/1991
  • Issue No: 1-3
  • Page Range: 326-332
  • Page Count: 7
  • Language: Serbian