The Systematization of Legal Values around Justice
The Systematization of Legal Values around Justice
Author(s): M. Isabel Garrido GómezSubject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: systematization; legal values; justice; complementarity of values; legal operators
Summary/Abstract: This article underlines the centrality of justice when understanding it as an overarching value that globalizes and systematizes all the others. In particular, it analyzes what happens with legal security as a formal enshrinement of justice, and freedom and equality as its material manifestations. From this point of view, it becomes clear that the resulting systematization depends on the type of State currently in force. This is joined the diverse ways of understanding justice and the evaluation of the validity-justice relationship depending on the different ways of understanding it. Likewise, the ways of understanding the justice-law connection are linked to the concept of the Law that we uphold. Finally, it is concluded that legal operators are called to administer justice in a complementary regime, with legal security serving to reinforce freedom, as is the case with regard to equality.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 28/2021
- Issue No: 3
- Page Range: 39-53
- Page Count: 15
- Language: English