On Law and Justice Cover Image

Jogról és igazságról
On Law and Justice

Author(s): Attila Menyhárd
Subject(s): History of Law, Philosophy of Law
Published by: Korunk Baráti Társaság
Keywords: private law theory; justice; relational contracts; hardship; ad hoc legislation

Summary/Abstract: Although the extreme oppressive regimes of the 20th century resulted in a gap between justice and law, the concept of justice is an inherent part of private law. Implementation and enforcement of corrective justice as well as distributive justice are the underlying policy of private law. Promoting social justice in contract law requires state intervention either via the court judgments or via statutory measures. Contracts create social relationships between individuals. This influences the changing role of the welfare state in private law relationships. An understanding of justice may be assessing it as a kind of mathematical truth. The structure of private law is similar to the system of mathematics, since both are built on axioms and conclusions that are drawn from a closed logical chain. The law, however, requires correcting the results of logic with social evaluation, if this is necessary in order to implement the values of the good society. This makes law an art rather than science.

  • Issue Year: 2020
  • Issue No: 03
  • Page Range: 52-58
  • Page Count: 7
  • Language: Hungarian
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