Refleksije o vrednostima u pravu
Reflections On Values In Law
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: value of law; legal values; justice; fairness; peace; security; order; human dignity; freedom; truth; legality.
Summary/Abstract: The task of axiology of law is at least twofold: establishment of a value of law as a particular phenomenon, of social order, in fact, on the one hand, and establishment of legal values, values produced by law, in fact, on the other hand. Connectivity of values, that is, of sense of law to the sense of life at all may be established by deductive and inductive methods, respectively. Metaphysical opinion asks for giving sense only in general principles, so that it draws a conclusion on the value of law from the value of the whole human existence, or, even further, from the whole world. By induction, the source of sense is found out in parts, individual forms of human existence, transferred then from them to the totality. Usually found in the vocabulary of values produced by law are justice, peace, order, security, truth, freedom, human dignity. In addition to these, so-called material values, which point to the fact on how the society should be brought to order and how power and goods should be distributed, there are also specific formal legal values that show what relations among the legal norms in a law system should be. There fall coherency, that is, legality, completeness and determination of legal norms.
- Issue Year: 1/2002
- Issue No: 6
- Page Range: 729-736
- Page Count: 8
- Language: English