Justice as a Fundamental Principle of Law: A Meta-Normative Context

  • Yevgen Ye. ZVONKOV Faculty of Law, Lund University, Lund, Sweden

Abstract

In the proposed article, the author at the theoretical level considers the question of the meta-normativity of the justice content as a fundamental principle of law. It is noted that justice is the highest degree of law, whose norms must be set in accordance with its standards, some of which have an ideal, teleological dimension, and therefore their full implementation in a changing social environment cannot be achieved. The moral and regulatory context of justice implies that it is realized in life not in connection with possible coercive measures for violation of its formally defined rules, but for the good will of a person who exercises it freely. As a result of the study, the author concludes that the legal normativity of justice is conditioned by the presence of numerous social contradictions, freedom of individual moral choice and other objective factors that require the establishment of clear and relative criteria for its implementation in public relations.


 

References

[1] Apresyan, R.G. 1995. The Idea of Morality and Basic Regulatory and Ethical Programs. Institute of Philosophy, Russian Academy of Sciences.
[2] Aquinas, F. 2002. The Sum of Theology. Part I. Questions 1-43. Elkor-MK.
[3] Aristotle. 1983. Big Ethics. Mysl.
[4] Bachinin, V.A. 2006. Encyclopedia of Philosophy and Sociology of Law. R. Aslanov Publishing House Law Center Press.
[5] Bergel, J.-L. 2000. General Theory of Law. NOTA АBENE Publishing House.
[6] Chetvernin, V.A. 1988. Modern Concepts of Natural Law. Nauka.
[7] Grishchuk, O.V., and Popov, D.I. 2014. The Application of Natural Law in Judicial Review: Philosophical and Legal Aspects. Khmelnytsky University of Management and Law.
[8] Grishchuk, O.V., and Dobosh, Z.A. 2013. The Convergence of Justice and Law: The Philosophical and Legal Aspect. Khmelnytsky University of Management and Law.
[9] Heffe, O. 2007. Justice: A Philosophical Introduction. Praxis.
[10] Huseynov, A.A. 2009. Morality: between the individual and society (to the question of the place of morality in modern society) In: Apresyan, R.G. (Ed.), Public Morality: Philosophical, Normative-Ethical and Applied Problems. Alpha-M.
[11] Kant, I. 1994. The Metaphysics of Morals. Choro, 1994.
[12] Kozyubra, M.I. (Ed.). 2015. The General Theory of Law. Waite.
[13] Kruss, V.I. 2000. Personal (‘somatic’) human rights in the constitutional and philosophical-legal dimension: to the statement of the problem. State and Law 10: 43-50.
[14] Lloyd, D. 2002. The Idea of Law. YUGONA.
[15] Locke, J. 1985. Works in 3 Vols. Mysl.
[16] Malishev, B. 2012. The Universal Declaration of Human Rights of 1948 and modern legal thinking. Bulletin of the High Council of Justice 3: 156.
[17] Maltsev, G.V. 1999. Understanding Law. Approaches and Problems. Prometheus.
[18] Maltsev, G.V. 2009. Moral Grounds of Law. SSU Publishing House.
[19] Mariuk, I.I. 2016. Protection of somatic human rights in Ukrainian and foreign legislation. Scientific Bulletin of Uzhgorod National University. Law Series 40(2): 140.
[20] Pogrebnyak, S.P. 2008. Fundamental Principles of Law (Substantive Characteristic). Pravo.
[21] Radbruch, G. 2004. Philosophy of Law. International Relations.
[22] Solovyov, V.S. 1988. The Excuse Is Good. Moral Philosophy. Mysl.
Published
2019-12-31
How to Cite
ZVONKOV, Yevgen Ye.. Justice as a Fundamental Principle of Law: A Meta-Normative Context. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 7, p. 2221 – 2226, dec. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/5019>. Date accessed: 19 june 2024. doi: https://doi.org/10.14505/jarle.v10.7(45).36.