The relationship between the justice and the law in the passive offside of jurisprudence

In the article, the author analyzes the relationship between two concepts: the concept of a just action and the concept of the law. In doing so, he follows insight of contemporary legal philosophers, those on both sides of the 'front lines' in the jurisprudence (positivists as well as natu...

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Main Author: Dajović Goran
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2017-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651701082D.pdf
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author Dajović Goran
author_facet Dajović Goran
author_sort Dajović Goran
collection DOAJ
description In the article, the author analyzes the relationship between two concepts: the concept of a just action and the concept of the law. In doing so, he follows insight of contemporary legal philosophers, those on both sides of the 'front lines' in the jurisprudence (positivists as well as natural law theorists), according to which it is wrong to confine that relationship to the question of whether Lex injusta has legal validity or not. However, this does not mean that there are no essential or significant relationships between the two concepts. The task of jurisprudence is to deal with these questions and in that respect help us to better understand of 'our' own legal system and social practices. After analyzing the two concepts, it can be concluded, first, that the two key links between justice (just action), and the law is that the law is 'justice-apt', and second, that the law is the kind of thing that ought to be just. From these two necessary connections, it follows that the law which does not succeed to actualize so-called formal 'justice' and procedural justice, conceptually speaking, can not be recognized as a typical legal system, but can be regarded as the 'defective' or perverted law.
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publisher University of Belgrade, Faculty of Law, Belgrade, Serbia
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spelling doaj-art-df4379fe618243fc8bbbf634e8d820642025-08-20T02:21:09ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932017-01-016518210810.5937/AnaliPFB1701082D0003-25651701082DThe relationship between the justice and the law in the passive offside of jurisprudenceDajović Goran0University of Belgrade, Faculty of Law, Belgrade, SerbiaIn the article, the author analyzes the relationship between two concepts: the concept of a just action and the concept of the law. In doing so, he follows insight of contemporary legal philosophers, those on both sides of the 'front lines' in the jurisprudence (positivists as well as natural law theorists), according to which it is wrong to confine that relationship to the question of whether Lex injusta has legal validity or not. However, this does not mean that there are no essential or significant relationships between the two concepts. The task of jurisprudence is to deal with these questions and in that respect help us to better understand of 'our' own legal system and social practices. After analyzing the two concepts, it can be concluded, first, that the two key links between justice (just action), and the law is that the law is 'justice-apt', and second, that the law is the kind of thing that ought to be just. From these two necessary connections, it follows that the law which does not succeed to actualize so-called formal 'justice' and procedural justice, conceptually speaking, can not be recognized as a typical legal system, but can be regarded as the 'defective' or perverted law.http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651701082D.pdfjusticejust action - the lawformal 'justice'procedural justice
spellingShingle Dajović Goran
The relationship between the justice and the law in the passive offside of jurisprudence
Anali Pravnog Fakulteta u Beogradu
justice
just action - the law
formal 'justice'
procedural justice
title The relationship between the justice and the law in the passive offside of jurisprudence
title_full The relationship between the justice and the law in the passive offside of jurisprudence
title_fullStr The relationship between the justice and the law in the passive offside of jurisprudence
title_full_unstemmed The relationship between the justice and the law in the passive offside of jurisprudence
title_short The relationship between the justice and the law in the passive offside of jurisprudence
title_sort relationship between the justice and the law in the passive offside of jurisprudence
topic justice
just action - the law
formal 'justice'
procedural justice
url http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651701082D.pdf
work_keys_str_mv AT dajovicgoran therelationshipbetweenthejusticeandthelawinthepassiveoffsideofjurisprudence
AT dajovicgoran relationshipbetweenthejusticeandthelawinthepassiveoffsideofjurisprudence