Publication Details

Abstract

Among the ideas implicitly present and generally accepted in legal theory we can find claims, such as: 1. Justice concerns distribution of goods and burdens. 2. It is connected with the relationship between law and morality. 3. Justice has an existential dimension and is rooted partially in irrational attitudes and intuitions. The first two prepositions make it possible to characterize justice as the conformity with that part of morality which concerns the distribution and exchange of goods and burdens. Justice connects law as an intentionally rational phenomenon with irrationality and particular existential experience. Thus the proposed understanding of justice connects the law or other social phenomena (e.g. institution, etc.) with a specific part of morality, irrationality and particular existential experience.