Since 2014
JUSTICE AND OBJECTIVITY AS BALANCING PRINCIPLES
Wroclaw Review of Law, Administration & Economics
View Archive Info| Field | Value | |
| Title |
JUSTICE AND OBJECTIVITY AS BALANCING PRINCIPLES
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| Creator |
Rodak, Lidia
Żak, Piotr |
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| Description |
This paper compares the traditional and modern models of applying law, that is to say, the syllogistic model, based on subsumption and the argumentative model, based on the balancing principle. The common feature of both models is that they indicate certain values that are desired in applying law. The most important value of the first model is the certainty and predictability of the law, while of the second it is fairness, justice and the ability to follow the particular circumstances of each case using the general principles of morality and justice. It seems that the dispute between the traditional and modern models of applying law is, in essence, a dispute regarding the opposite values which are first submitted to the balancing procedure.
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| Publisher |
University of Wroclaw
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| Contributor |
—
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| Date |
2016-08-03
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| Type |
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion — |
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| Format |
application/pdf
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| Identifier |
http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/94
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| Source |
Wroclaw Review of Law, Administration & Economics; Vol 5, No 1 (2015): Issue 1; 79-94
2084-1264 |
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| Language |
eng
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| Relation |
http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/94/132
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| Rights |
Copyright (c) 2016 Wroclaw Review of Law, Administration & Economics
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