The Content and Significance of the Value-Teleological Aspect of the Law Cover Image

Sadržaj i značaj vrijednosno-teleološkog aspekta prava
The Content and Significance of the Value-Teleological Aspect of the Law

Author(s): Mirjana Nadaždin-Defterdarević
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Criterion of justice; Legal value; Evaluation procedure in law; Purpose and significance of valuation right;
Summary/Abstract: The value estimate as the basis of purpose is the assumption for the overall human activity. In law as well, the purpose of legal actions (as well as the legal norms governing them) justifies the legal objectives that legal entities value as achieving values.Legal rules regulate people’s conscious behavior guided by values.The attitudes to values, which manifest themselves as principles, specific value judgements or objectives, are the necessary content of the legal experience.Law, in the light of its value-teleological content, especially since the content of the value-teleological consciousness in the legal experience is not unique but is composed of more political-legal ideologies, ruling or not, that exist either in relative harmony or in conflict of varying intensity.The valuation in law is a gradual and relatively formalized process of simultaneous application of given and a creation of new axiological content in which the value attitude of higher actors represent a forced foundation, but also a very abstract framework for the free valuation of lower actors.This property of law confronts us with a whole range of questions: Who are the actors who are legitimisated to determine the value principles in law, which is the criterion of justice by which the choice of values is law, what are the values inherent to law, is the modus for valuation in law defined, and, in the end, what is the role and significance of the value for law?The research deals with the issue of content and importance of the value-teleological aspect of law and in its realization, relying on the application of normative and axiological method, and it comes to the conclusion that law is substantially defined by its value-teleological aspect.It is only with complete awareness of the content, importance and meth- od of evaluation in law that we have the opportunity to visualize and under- stand the content and the flow of legal experience in all its complexity.