Analysis philosophical and legal concept of justice in the philosophy of law

Authors

  • Антига Пашаева Institute of Philosophy and Law of the National Academy of Sciences of Azerbaijan

DOI:

https://doi.org/10.18372/2307-9061.38.10026

Keywords:

philosophy of law, ethics, right, law, justice, society, state

Abstract

One of the issues "justice" analyzed in the philosophy of law and these theme is the basis of  jurisprudence. The justice, as one of the most important properties of morality and also reflects its superior attributes. According to the philosophers, the concept of justice is divided into several categories and development of these categories based right and laws. The meaning of justice relationship principles of the laws and that do not reflect the meaning of justice, will be available word.

The study have been analyzed of ancient Greek thinkers in outlook and subsequently the thoughts of justice and it was concluded at that time, justice in relation to a person the attributes of its superior, it was adopted as the basis of respecting the right of others. If a person shows irresponsibility to others forcing him to remorse sense of justice. Unlike them, Hegel the meaning of justice, the state coordinates. According to him, the principles of justice are linked to the requirements of the state, among the principles “being” and “must being” there is no difference. Justice, regulates the legal rules and regulate them in accordance with the structure. The purpose of justice, there are signs that any person whether you are entitled to in compliance with the law. The person in front of the law and fulfilling the duties required by law, but also holy count its principles and must accept any issue related to law.

İn the article, by reference to the theory of philosophers and lawyers, studing meaning of justice and meaning of right and  also analyzed social aspects.

Author Biography

Антига Пашаева, Institute of Philosophy and Law of the National Academy of Sciences of Azerbaijan

Doctor of Philological Sciences, Research Officer

References

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Andrew, Levine. Engaging Political Philosophy, From Hobbes to Rawls, Oxford: Blackwell Publishers, 2002.

Cairns, Huntington. Leqal Philosophy from Ploto to Hegel. The Johns Hopkins Press, Baltimore 1949.

David, Daiches Raphael. Concepts of Justice, Oxford: Oxford University Press, 2001.

Hans Kelsen. What is justice? Justice, Law and Politics in the Mirror of Science. Berkeley and Los Angeles. University of California Press, 1957.

Hegel Georg Wilhelm Friedrich, Philosophy of Right. Translated with notes by T. M. Knox. Oxford University Press, Lonon 1967.

Marcus Tullius Cicero. Republic. Trans. By C. W. Keyes, Cambridge, Mass. Harvard Uni-versity Press, 1928.

Plato. Complete Works. İntroduction and Notes by J. M. Cooper. Cambridge, Hackett Publishing Company, 1997.

Robert C. Solomon and Mark C. Murphy. What Is Justice? Oxford University Press, 1990.

Published

2016-03-30

How to Cite

Пашаева, А. (2016). Analysis philosophical and legal concept of justice in the philosophy of law. Scientific Works of National Aviation University. Series: Law Journal "Air and Space Law", 1(38), 40–46. https://doi.org/10.18372/2307-9061.38.10026

Issue

Section

THEORY AND HISTORY OF STATE AND LAW