Доктринални диалози в концепцията за юридическата справедливост на Томас Остеркамп
Doctrinal Dialogues in Thomas Osterkamp’s Concept of Legal Justice

Summary/Abstract: The protection of the confidentiality of journalistic sources is an important part of the freedom of speech, a basic prerequisite for the existence of civil society and a condition for the democracy in a state. The international standards in this field lay down clear parameters of the protection of sources. Nevertheless, it is necessary to have a detailed regulation of these social relations at the national level for the purpose of guaranteeing the rights and the legal interests of the journalists and the sources, as well as the public interest. This can be realized through a well-developed regulatory framework, which provides for protection of the confidentiality of sources and sets out the limits of this protection. That is the only way for the press and especially for the investigative journalism to be able to play the role of a social guardian.This article constitutes an attempt at presenting contemporary German doctrine through the ideas of Thomas Osterkamp exposed in his book “Juristische Gerechtigkeit. Rechtswissenschaft jenseits von Positivismus und Naturrecht” (“Legal Justice. Jurisprudence beyond Positivism and Natural Law”), in which the author seeks to create a legal justice concept that is substantiated by the legal theory and dogmatics and brings together the main features of natural law and positivism.Consistent consideration is given to the extralegal criteria in the legal argumentation of a fair judgement and to R. Alexis’ thesis of “the special case” in the general practical discourse on the aspect of moral and philosophical substantiation of a fair judgement.Attention is given to Osterkamp’s view of legal justice within the valid legal order and a peculiar dialogue is presented involving the author (T.O.) and concerning the concept of formal justice of C. Perelman and the system theory of N. Luhmann.

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