法律作为正义理念的普遍体现形式。

I. Bulat, R. Pichko
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引用次数: 1

摘要

本文探讨了哲学中正义观念的基本表述问题。论证了正义不仅是法律的中心理念,而且是正义理念的普遍体现形式。换句话说,法律是正义观念的产物,因为不公正不能体现在法律中。现代地缘政治事件,特别是气候变化、流行病、乌克兰战争等事件,将在未来导致公共关系管理的变化。根据这一法律,作为最有效的监管者,将受到严重的压力。现有法律事项的变形既发生在立法层面的形式表达(在这个定义的最广泛意义上),也发生在更微妙的意识形态和理论层面。这些变化应该考虑到身份政治带来的越来越多的实际问题,以及在整体上修改国家对社会和个人的意义和作用的问题。作者观察到的事件与古典希腊时代结束时的规模相当,当时伟大的哲学家柏拉图生活和工作,他的哲学观点在许多世纪后继续对欧洲文明的智力探索产生重大影响。柏拉图最重要的政治对话“国家”专门致力于寻找和正义证实的问题,这并不奇怪。在这第一篇文章中,作者努力引起科学界对正义问题的关注,将其作为一种利益。在法学中,以正义为目标的假设,巩固了法律观念。本文首先论证了正义观念在古代文明神话表象中的体现,并论证了正义与立法之间的关系,在古代社会中,立法是决定人们所期望的正义水平的机制。Аn关注法律制度的内容与罗马时代的正义理念的哲学观点是集中的。这形成了一个独特的法律体系,今天被称为罗马法。一个特殊的律师阶层,作为古罗马社会发展的一种特殊现象,对这一过程产生了重要影响。首先,律师阶层的存在是古罗马社会区别于古希腊社会的基石。其次,罗马社会法律的思想和哲学内容及其超越了十二表法明确的积极限制。然而,作者提出了另一种观点,因为法律在其形式和目的上是正义的功能,是正义实施的普遍形式;据此,正义获得了在社会中实际实施的可能性
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Law as a universal form of embodiment of the idea of justice.
The article examines the issue of the primary formulation of the idea of justice in philosophy. It is substantiated that justice is not just the central idea of law but a universal form of embodiment of the idea of justice. In other words, the law is a product of the idea of justice, since injustice could not be embodied in law. Modern geopolitical events, in particular, such as climate change, a pandemic, a war in Ukraine will lead in the future to a change in the regulation of public relations. According to this law, as the most effective regulator, will be subjected to serious pressure. The deformation of the existing legal matter occurs both in its formal expression at the level of legislation (in the broadest sense of this definition), and in a more subtle one - ideological and theoretical. These changes should be considered in view of the increasing practical issues raised by identity politics, as well as in issue of revising the meaning and role of the state for society and the individual in the whole. The events authors observe are comparable in scale to the time when the era of classical Greece ended, when the great philosopher Plato lived and worked, whose philosophical views continue to have a great influence on the intellectual search for European civilization after many centuries. It is not surprising that Plato's most important political dialogue "The State" was devoted specifically to the problem of searching and justice substantiation. In this first article the authors strive for drawing the attention of the scientific community to the issue of justice as a benefit. In legal science, the postulate that justice is the goal, the idea of law is consolidated. In the article the first embodiment of justice idea in the mythical representations of ancient civilizations and the relationship between justice and legislation as a mechanism of determining the desired level of justice in the former society are demonstrated. Аn attention on the content of the legal system with philosophical views of a justice idea in Roman times is focused. This formed a unique legal system known today as Roman law. A special class of lawyers, that was a specific phenomenon of the development of ancient Roman society, had an important influence on this process. Firstly, the presence of a class of lawyers is the cornerstone that distinguishes ancient Roman society from ancient Greek one. Secondly, the ideological and philosophical content of the law of Roman society and its going beyond the clear positive limits of the laws of Twelve tables enable. However, the authors offer the other point of view, owing to the fact that law in its form and purpose is a function of justice, a universal form of its implementation; according to which justice acquires the possibility of its practical implementation in society. null
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