REGARDING THE METHODOLOGICAL PARADIGM OF UNDERSTANDING THE CONCEPT OF JUSTICE
The author of the article, having analyzed the definition of the concept of “justice“ in the literature, states that its interpretation is ambiguous. In his opinion, this indicates the lack of a unified methodology in the knowledge of the phenomenon of justice and in the development of its concep...
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| Main Author: | |
|---|---|
| Format: | Article |
| Language: | deu |
| Published: |
Alfred Nobel University
2023-12-01
|
| Series: | Alfred Nobel University Journal of Law |
| Subjects: | |
| Online Access: | https://law.duan.edu.ua/images/PDF/2023/2/2.pdf |
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| Summary: | The author of the article, having analyzed the definition of the concept of “justice“ in the
literature, states that its interpretation is ambiguous.
In his opinion, this indicates the lack of a unified methodology in the knowledge of the
phenomenon of justice and in the development of its concept. Because of this, it is proposed to choose
either one of the already existing approaches, or to define an independent methodological paradigm
that will help define the general concept of justice. The last solution to the problem is considered more
appropriate, given that most authors either do not consider the question of defining the general
concept of justice, but are limited to searching for related or similar concepts of “fairness“
,
“justice“
,
“jurisdiction“
, etc.; or avoid the definition of this concept at all.
The article notes that the definitions of justice proposed by some authors either do not
distinguish a common generic feature at all, which would be evidence of a certain unity of their ideas
about the general concept of justice as such, or the signs of justice indicated by them do not belong to
generic features for justice. In addition, identifying such concepts as “fairness“
,
“justice“
,
“jurisdiction“
,
the authors ignore the question: what is common to all these concepts, what unites them in one row?
Instead, when analyzing the ratio of these concepts, as a rule, they try to distinguish only between
them without establishing which features are common to them, which leads to their identification or
mixing.
Thus, the ambiguous interpretation of the terms “fairness“
,
“justice“ and “jurisdiction“, their confusion in the literature requires a clearer understanding of the concepts denoted by them in terms
of what is common to them, their generic feature, in relation to which special species characteristics
of each of these phenomena are distinguished, thus forming specific concepts of the latter. According
to the author, such a common point which unites the concepts of “jurisdiction“
,
“justice“ with justice
is the concept of “legal activity“. It follows that the concept of legal activity should be considered as a
generic concept in relation to the concept of justice, and it should be used to formulate a general
definition of justice as such. |
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| ISSN: | 3041-2218 3041-2226 |