Privrženost pravnim vrijednostima kao odgovor na pravne izazove
Commitment to Legal Values in Response to Legal Challenges

Author(s): Mirjana Nadaždin-Defterdarević
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal system;Legal norm;Legal relations;Material and formal legal values;
Summary/Abstract: Law is a cultural phenomenon, which came about as a deliberate response to the challenges of social reality, as an expression of the necessity for an organised community to prescribe the current and future social reality as an obligation, and, through guaranteeing its future, to secure its own existence. The aim of law thus becomes a challenge in itself. The legal system must ensure continuity despite discontinuity and certainty despite uncertainty. Defined by its essential and often competing elements (its ontological conditionality, value, teleological and normative aspects), law found the answer to its inherent challenge in its axiological aspect: the legal values.The social reality is a dynamic aspect of law, prone to continuous change, and this is inevitably reflected in its normative aspect. Only for the axiological component of law can we claim a certain degree of stability and consistency. That stability and consistency are still sufficiently flexible to be a broad backdrop for the evolutive hermeneutic approach to their content(and thus inevitably their necessary measure of dynamism), while on the other hand, they are sufficiently reliable to ensure the certainty of perpetuation of the content of legal values, as has been the case from the beginning of its existence to this day. By providing a normative and disciplined structure to the social relationships in accordance with material legal values of freedom, peace, justice, legal certainty and thus by turning them into legal relationships, the system of legal norms leans towards coherence, completeness and determination, and these requests, like legal value principles, both define and govern the application of legal norms.Although evaluation is always strongly subjectively motivated, although value principles are subjective facts, they are also objectified because they arise from certain needs and objective interests of people - each value content is an expression of the needs and interests of many individuals who act together and form a social group. The very manifestations of values and their criteria depend on the specific social environment, which is itself changeable and temporary. In concrete time we are aware of their subjective grounding determined by interests in the context of objective social reality, but in the continuity of time this subjectivity and bias, unreliability and variability are overshadowed by the realization that, regardless of indisputable changes in the real environment, legal values, both material and formal, are always present.By their permanence they create a sense of certainty and although they are changeable in content, they always have a clear goal - to justify the law and strengthen confidence in its content and its goals - confirming that law guarantees peace, freedom, justice and legal security and that its norms will always adhere in their application to these values because they will follow the requirements of legality, completeness and definiteness. Social relationships change. Legal norms change. Only legal values respond to the challenge of permanent change. Named always in the same way, thus giving a necessary sense of continuity in discontinuity, legal values respond to the challenges of reality by keeping us in the belief of certainty that is so necessary for law.

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