Ценностите в правото и правото като ценност
Values in Law and Law as a Value

Author(s): Sofka Mateeva
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Published by: Нов български университет
Keywords: Functions of Law; Law; Legal Principles; Natural Law Theories; Normativism; Social Relations; State of Law; Value
Summary/Abstract: The article comments on the grounds for values in law by emphasizing their relevance in modern democratic societies, which seek opportunities for harmonizing social relations not only nationally but also internationally. It develops the idea that law has a dual nature, on the one side, can be seen as a transcendental value, on the other side as a value -means (tool) which is in public service. The article collates different views on the value of law, both from normative school and in terms of natural law theories. It leads to the conclusion that legal values are formal values due to the inherent formalistic approach of the law and have legal significance. They are distinguished by theirmoral and religious content. The article indicates that the social value of law gives value characteristics of other social phenomena -economic, social, cultural, and also the state, turning it into a State of Law and political power, giving it legitimacy.

• Details
• Contents