СПРАВЕЛИВОСТТА И НЕНОТО НАЕНИЕ И МЯСТО В ПРАВОТО
JUSTICE AND ITS SIGNIFICANCE AND PLACE OF JUSTICE

Summary/Abstract: The article discusses the place and role of the category of justice in law. Justice is defined as a subjective assessment, our idea of the existence of harmony, proportionality between two or more objects of social reality and at the same time it is a requirement, guarantee of inner balance and harmony in society at a certain stage of its development. However, this fundamental ethic category may also play the role of a social ideal to the extent that justice is an element of the complex human aspiration for fulfilled and happy life. Justice has not a directly concluded legal connotation; it is not a legal category and cannot be defined legally. That’s why, we won’t find in law its legal definition. Nevertheless, it is an element of legal reality, fills in certain gaps in the positive-legal regulation of society and is a sign of consensus and its balance. Only in particular specifically designated in law hypotheses we can meet references to justice as a reason for estimation of specific circumstances. In these cases we have a reason to claim that justice is an indirect sourse of law. The influence of justice over positive law can be found in two directions – in formation of positive law (in legislation) and in implementation of positive law (in jurisdiction). In regard to the impact of positive law on the category of justice, it can be found in three points – in formation of concrete, legally fixed notions of what is just, in preservation, the institutionalization of public perceptions of justice and in development of views on just and unjust. The category of justice is one of the richest in its history and scope of application. It underlies the constitutional principle of the welfare state around which impressive theories of social justice are developed, such as liberalism, utilitarianism, egalitarianism, etc. These schools have their good and weak points and they are examined in the article, but together they enable formation of a relatively complete picture of the great importance of justice in social and legal practice.

• Details
• Contents