THEORETICAL NAD LEGAL APPROACH
TO THE DEFINITION OF LAW Cover Image

ТЕОРИЈСКОПРАВНИ ПРИСТУП ОДРЕЂЕЊУ ПРАВА
THEORETICAL NAD LEGAL APPROACH TO THE DEFINITION OF LAW

Author(s): Marko Trajković
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Normative; Valued; and Sociological Dimension; Integralism

Summary/Abstract: In order to define the law it is indispensable to look into its normative, valued and sociological dimension. The fact that law is defined as the system of norms regulating human behavior points to the necessity of studying the normative dimension of law. However, law is the concept of reality related to the value, or it is the reality with purpose to serve the value. This means that the positive law has to be right as far as the content is concerned, and vice versa, the right law has to be positive. From the sociological standpoint, law is considered to be the system of norms which are applied in society. Thus, law is at the same time defined by its social function, thereby the definition of law is wider. Law no longer belongs to the special world of norms, but to the holistic totality. The relation between normative, valued and sociological element of law points to the necessity of the integral study of law. Law is the system of norms pervaded by ethics, by means of which legal and social values are being realized in society.

  • Issue Year: LIV/2009
  • Issue No: 54
  • Page Range: 110-126
  • Page Count: 18
  • Language: Serbian