VSE knjižnice (vzajemna bibliografsko-kataložna baza podatkov COBIB.SI)
  • Materijalna i formalna pravda : (kriteriumi na pravdata i pravoto)
    Pavčnik, Marijan
    To claim absoluteness of justice with regard to its content represents an immediate negation there of no supreme or highest or fundamental justice exists anywhere. The starting points of justice with ... regard to its contents are a result of historical tradition, of the circumstances we are born into as well as of man's decision in each abstract (foreseen) and concrete case. Justice has to do with the content (material justice) as well as with the form (the principle of equality). The justice as regards the content speaks about what everybody is entitled to. Formal justice requires that essentially equal subjects and essentially equal life cases are dealt with in an equal manner. Equality always has a value as regards the content as well: the standard of justice as to its content is not applicable unless it is measured from the viewpoint of equality of legal subjects as well. If no reasons for distinguishing between the subjects as to contents exists or this distinction cannot be substantiated, the general principle has to be applied that equal subjects are to be treated equally (In dobio pro aequitate). The openness of the justice formula requires that any concrete decision is filled up with reasons as regards the content. It is of special importance to substantiate why legal subjects belong or do not belong to the same group (the principle of legal equality). It is in the nature of things that the standard of justice does not work out if it is dealt with separately. Justice is always also a formula that is empty with regard to its content. Behind the measure of justice there are justice of freedom, justice of peace, justice of democracy, justice of tolerance (Kelsen). Or: The system of justice must not overlook its own imperfection and should realize that any justice that is not based on compassion is imperfect justice. (Perelman). Or: "We shall neither create nor dispense nor find justice if there is no justice within us"!(Pitamic). And also: The factual starting point of deciding can be of any kind. But the connecting of the one to the other and the legal decision itself are always responsible human acts, one that create law in the fullest sense of the word (Pavcnik). If justice is unveiled, the legal game is clear and open as regards the content. Behind the standard of justice (or, possibly, of justice) there is always a man taking legal decisions. And I like to say that this constitutes and appeal of the lawyer's work and the same time his great responsibility.
    Vir: Zbornik vo čest na životot i deloto na Stevan Gaber (Str. 103-143)
    Vrsta gradiva - članek, sestavni del
    Leto - 2001
    Jezik - makedonski
    COBISS.SI-ID - 4840273

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