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Pravednost i pravičnost u filozofiji prava.

Authors :
Vuchetich, Laurenz
Source :
Pravnik, Law & Society Review. 2007, Vol. 41 Issue 85, p47-76. 30p.
Publication Year :
2007

Abstract

The author focuses on the terms justice and equity in the context of legal philosophy, arguing that the epistemological analysis of those two terms is crucial for legal philosophy. To understand the essence of these terms is to understand the relationship between justice and law. By analyzing works of various philosophers and lawyers, the paper identifies key differences and similarities in their perception of both justice and equity. The author insists on numerous similarities in the definitions of justice. The distinction between distributive and commutative justice is made, based on the argument that both variations of justice are synonymous to the idea of equality (criterial and non - criterial equality), as well as to the syntagm ⪡Common good⪢. By differentiating between morality and justice, the author considers justice to be a special, and most important, part of morality. The relationship between morality and justice is equal to the relationship between justice and law, which are inseparable. In conclusion and throughout the entire paper, the author tries to find a definition of justice and equity. Alongside with the pure definition of justice and equity, the author makes a distinction between the two terms by saying that their content is the same, but their function and application explicitly differ. [ABSTRACT FROM AUTHOR]

Details

Language :
Croatian
ISSN :
0352342X
Volume :
41
Issue :
85
Database :
Academic Search Index
Journal :
Pravnik, Law & Society Review
Publication Type :
Academic Journal
Accession number :
31644216