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Bewährung von Recht in gesellschaftlichen Umbrüchen : unter besonderer Berücksichtigung der Situation in Slowenien
Pavčnik, Marijan
With the fall of the Berlin Wall questions about the nature thereof have been raised again. A legal positivist is productive under the condition that he exposes positive law as it really is. A ...natural law lawyer is productive underthe condition that his construction is based on a firm historical tradition. For him the world we live is a world of basic (human) rights, of principles, of a state under the rule of law and of democratic institutions. A supporter of the synthetic view of law is productive under the condition that he widens legal horizons so as to encompass al elements giving meaning to the lawyer`s action in each specific case. A participant`s (e.g. a judge`s) approach inevitably differss from an observers`s one. It is in the nature of his work that he can be neither solely a legal positivist nor only a natural law lawyer. If he wants to make decisions, his approach is inevitably an integral (syntetic) one encompassing life cases, formal legal sources and a firm system of values. No legal system exists that could not be abused or that would a priori safeguard the lawyer from abuse. The only alternative, however, is not to accept this situation but to be constantly aware of the danger and to be adequately prepared. Legal correctness (Germ. Richtigkeit) is a primary and necessary element of law. The argument of unlawfulness (Germ. Unrecht) is not just a moral argument, but also a legal one if the contact of positive law is extremly intolerable. The argument of legal security requires that one has to react in cases of unlawful law.
Type of material - offprint
; adult, serious
Publication and manufacture - Stuttgart : Franz Steiner, 2000
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