ПРАВОТО ПРЕЗ ПОГЛЕДА НА УЧЕНИЯ, СЪДИЯТА И ПОЛИТИКА
LAW THROUGH THE EYES OF THE SCHOLAR, THE JUDGE, AND THE POLITICIAN
Author(s): Yanaki StoilovSubject(s): Law, Constitution, Jurisprudence, History of Law, Philosophy of Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: law; scholar; judge; politician; neutrality; impartiality; truth; ideology
Summary/Abstract: The article shows that the perception of the law depends on the point of view of the one who works with it. Three perspectives are particularly important: those of the scholar, the judge, and the politician. Each of the professions that has law as its object foregrounds specific requirements, the fulfillment of which determines the quality of the respective activity The topic has already been partially and more generally raised and addressed in two foundational lectures by Max Weber: Politics as a Vocation and Science as a Vocation, but specifically for law and in the chosen triple relation it contains novelty. What is new is the 'three-dimensional' delineation of the roles into which the lawyer can enter as scientist, judge or politician. The views of law and the operation of law dictated by each of these roles require distinctions and parallels to be drawn between them. Such parallels are consistently drawn between the way law is viewed and used by scholar and judge, scholar and politician, and judge and politician. The comparative analysis shows both the commonalities and the differences in the treatment of law by each. Points of congruence are found even where they seem least, between the judge and the politician, and differences are found even between the modus operandi of the legal scholar and the judge, activities that are inherently compatible.
Journal: IUS ROMANUM
- Issue Year: 2024
- Issue No: 1
- Page Range: 429-447
- Page Count: 19
- Language: Bulgarian