Coexistence of Law and Evil Cover Image

Koegzistencija prava i zla
Coexistence of Law and Evil

Author(s): Marko Trajković
Subject(s): Human Rights and Humanitarian Law
Published by: Kriminalističko-policijski univerzitet
Keywords: Protection of human and minority rights in the European legal area (MESTD - 179046)

Summary/Abstract: Is the coexistence of law and evil a possibility or necessity taking into account that law is an imperative and as such a possibility of evil? The issue of possible coexistence of law and evil contains the issue of the binding power of law itself. If the binding power of law can be found only in a sanction, which appears in law due to its heteronomous character, then that kind of legal system cannot count on longevity. Thus, the existing evil cannot be uprooted merely by legal sanctions, but by law established on true values. That axiological level of the existence of law allows for the possibility of diminishing and thereby even the total disappearance of evil. What can also come up as a problem in this relation is that law in itself can be source of tremendous evil. This further complicates the issue since law which should be the means and the barrier against evil is in this case compromised.

  • Issue Year: 22/2017
  • Issue No: 1
  • Page Range: 21-31
  • Page Count: 11
  • Language: Serbian
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