Справедливость vs свобода = право: антагонистическое противоречие и его решение (часть вторая)

Abstract

The article represents the author’s conception of the correlation between the idea of justice and the idea of freedom as a contradictory unity of two ideals that move social life. When analysing numerous manifestations of the antagonism between justice and freedom, the authors come to the paradoxical conclusion that law is born out of the conflict of freedom and justice. Leaving the actions of its subjects free, the law protects their results only if they are fair. The task of humanity is not to achieve this or that goal — to become «completely free» or to comprehend «higher justice»: it may approach both to a greater or lesser extent, but it cannot achieve either. But this is not necessary — it is enough to move along this path, because it already subordinates people’s lives to certain laws and thereby optimises it. In this (second) part, the authors show how their concept affects the key patterns and conclusions of private law in general and civil law in particular.