ZNAČAJ ARISTOTELOVOG POJMA PRAVIČNOSTI ZA SAVREMENO RAZUMIJEVANJE PRAVA
SIGNIFICANCE OF THE ARISTOTLE’S NOTION OF JUSTICE FOR CONTEMPORARY UNDERSTANDING OF LAW

Author(s): Spahija Kozlić
Subject(s): Political Philosophy, Social Philosophy, Ancient Philosphy, Philosophy of Law
Published by: Centar za društvena i interreligijska istraživanja Univerziteta u Zenici
Keywords: justice; law; Aristotle; legal norms; epieikeia; nomos;
Summary/Abstract: When he concludes that the universality of legal norms sometimes excludes certain non-recurring acts, Aristotle often does not perceive motives and, as a rule, ignores the whole social behaviour of the individual. Furthermore, in his ethical-political-legal elaborations (with its foundation/ assumption that all research and all activities tends to realization of something positive and desirable) Aristotle comes up with the concept of justice as corrections of formal laws and norms enshrined. This “curtailment” (Hegel) of positive provisions (Aristotle’s original invention) is essentially the statement that the standards (as well as the state itself) are based on the agreement (therefore necessity to obtain the moral consent of individuals). Aristotle argues that depravation of the human nature (not the alienation of laws) should always be immanent basic demand of man - to be happy. For this reason, the term epieikeia ( Ἐπιείκεια) should be hermeneutical backbone of modern axiological interpretation of the law, bearing in mind that such views suggest imply legal standard correlated with moral which is (nowadays) not the case.

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