Justice as a legal remedy in the formalization of moral principles in civil law
Автор: Khamidullina Farida Ildarovna
Журнал: Общество: политика, экономика, право @society-pel
Рубрика: Право
Статья в выпуске: 12, 2017 года.
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The study discusses the role of legal remedies in the formalization of moral principles in civil law in general and justice in particular. The research objective is to develop a standard definition of justice as a moral scale applicable to the provisions of the legislation and court decisions in each specific situation. The ratio between justice and formalization of law is revealed as well. It is assumed that justice does not contradict the absolute formalization of law. The author argues that the law prevails over the legislation developing due to the evolving understanding of the equitable manner which contributes to the prosperity of society. In turn, the basis for these views is a conscious subjective mutual experience that is processed during the correlation between moral and legal consciousness. In addition, the research analyzes the possibility of achieving justice in law enforcement practice.
Moral grounds of civil law, justice, formalization of law, formalization of moral grounds of civil law, morality
Короткий адрес: https://sciup.org/14932036
IDR: 14932036 | DOI: 10.24158/pep.2017.12.28