Conscientious Objection and Legal Profession Critical Review about Legal (Lack of) Culture Cover Image

Prigovor savjesti i pravnička profesija Kritički ogled o pravnoj (ne)kulturi
Conscientious Objection and Legal Profession Critical Review about Legal (Lack of) Culture

Author(s): Tomislav Nedić, Josip Berdica
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Hrvatsko Filozofsko Društvo
Keywords: conscientious objection; John Rawls; legal culture; legal profession; lawyers;

Summary/Abstract: The paper deals with the critical questioning of the relation between legitimate imposed legal obligations and the rights to refuse these obligations based on the right of the freedom of conscience, i.e. conscientious objection. The critical perspective that is applied to conduct the questioning is a legal profession because, in Croatian legal culture, there is no articulated answer to the question of how to reconcile these two obligations within the legal profession. The paper draws on the comprehension of John Rawls’s theory of conscientious objection since it is a systematic analysis of justice that shall submit subjective understanding of the good (conscience) to the principle of right (legitimate imposed obligation). In practice, the focus is on the grounds for acknowledging conscientious objection among lawyers as well on the obstacles to exercising this right.

  • Issue Year: 39/2019
  • Issue No: 01/153
  • Page Range: 225-245
  • Page Count: 21
  • Language: Croatian