CONCEPT OF LAW IN THE NATURAL LAW THEORY OF JOVAN STERIJA POPOVIĆ Cover Image

ПОJAM ПРАВА У ПРИРОДНОМ ПРАВУ ЈОВАНА СТЕРИЈЕ ПОПОВИЋА
CONCEPT OF LAW IN THE NATURAL LAW THEORY OF JOVAN STERIJA POPOVIĆ

Author(s): Miroljub Simić
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Sterija; objective and subjective law; mind; freedom; Kant

Summary/Abstract: The author analyzes Sterija's notion of law in an objective and eulogistic sense. It concludes that Sterija has defined the notion of justice in the spirit of the natural (intellectual) law of the Kantian orientation.In this paper, the author analyses Sterija's definition of law in view of its objective and subjective aspect. Sterija associated law with freedom, perceived in the best spirit of Kantian natural law (law of reason). From the perspective of individuals, law implies the subjective right to do or not to do something, but the concept of law also includes the objective duty to preserve the social community. Thus, law implies the limitation of freedom which may also include some force and coercion, aimed at preserving the freedom of others. Sterija also makes a clear distinction between law and morality.

  • Issue Year: XLVIII/2006
  • Issue No: 48
  • Page Range: 27-30
  • Page Count: 4
  • Language: Serbian