JUSTICE AND LAW IN MODERN DEMOCRATIC SOCIETIES

Pelivanova, Natasa and Ristovska, Mirjana (2016) JUSTICE AND LAW IN MODERN DEMOCRATIC SOCIETIES. ST. CLEMENT'S MESSAGES FOR ETHICS, MORALITY AND VALUES. pp. 64-72. ISSN 978-608-4828-11-2

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Abstract

“Iustitia est constans et perpetua voluntas ius suum cuique tribuendi. Iuris praecepta sunt haec: honeste vivere alterum non laedere, suum cuique tribuere.” “Justice is the constant and perpetual desire to give everyone what he is entitled to The following are the precepts of the Law: to live honestly, not to injure others, and to give everyone what belongs to him.” Justice, as a social and legal value, has been an intriguing phenomenon since ancient times, that encouraged different views, opinions and theories to be produced, that explain the essential meaning of its concept.According to the general axiology, justice is ontologically based on the law of balance and equality in the world.In legal-philosophical context, it means that each element must be balanced with the element with which it is most related, as well as, simultaneously with all other elements.The subject of this paper is theoretical research of justice as a universal category and the relationship between justice and law, as two inextricably linked elements, through the application of legal and historical method, method of casuistry and methods of analysis, induction and deduction.Justice in its essence is practically in accordance with applicable law. Justice begins only where law exists. The ancient Greek term “dikaios” (justified) comes from “dike” (law) and means legal or fair. For Roman jurists, the connection between the law and good and fair was unbreakable “Law is the art of goodness and equity” (Jus est ars boni et aequi).The purpose of this paper is to examine the dilemma whether justice is a value determined once and for all, or its form and its interpretation depend on the dynamic changes occurring in society and consequently whether modern legal systems are sufficiently adaptable to those changes, especially in more justly context of law that will be in the interest of all stakeholders that are part of the social life.In this regard we consider that legal certainty and predictability in the modern democratic societies could be identified as the minimum threshold or minimum standard for fair (just) law. Whereas the formal and the material aspects of justice as a principle are implemented and realized according to the constitutional norms and court decisions, 65 that practically represents the benchmark in the particular state if the law is equal and fair for all individuals. Keywords: Justice, law, equality.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Pfk Eprints
Date Deposited: 09 Mar 2020 13:06
Last Modified: 09 Mar 2020 13:06
URI: http://eprints.uklo.edu.mk/id/eprint/3980

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