Skip to main content

Publication Details

Justice in Socialist Law

(Original title: Pojem spravodlivosti v socialistickom práve)
Filozofia, 27 (1972), 5, 473-490.
Type of work: Papers and Discussions
Publication language: Slovak
The paper attempts at a notional analysis oi justice in its correlation with equality and freedom, as well as its application to the sphere of theory of law. Justice is thus a sociological category as well as an ethic one. The criterion of justice as a sociological category is subordinated to the most general criterion of the social value of every phenomenon — to the scientifically justified requirements of a further development of productive forces and productive relations on behalf of the broad masses of working people. From this aspect justice appears as a correct, i. e. helping the tendency of mankind to create more perfect social relations, arrangement of these relations and at the same time a criterion of their evaluation. Justice as an ethic category is an ideal of equal treatment of human beings concretize by the relation to the hierarchy of values in Marxist ethics. Equality, as a constant elemen of such a conceived justice, in socialism is bound together with the conception 1) to accord ti man what he deserves according to his work (justice in a strict sense) or 2) to accord to mai the appropriate rights regardless of his contribution (justice in a broader sence). Only th broader conception is the substance of the Marxist ideal of justice. One of the most effective ways of developing the mobilizing moment appropriate to justic is law. Justice stands as a postulate before the creation and realization of socialist law, as a aim the achievement of which is one of its fundamental functions. Justice is at the sam time the criterion of evaluation of this law. Socialist law is unjust as an equal standard for unequal people, from the point of view of communist justice, but it is just from the point of view of the society of socialism.
File to download: PDF