Justice as an element of the legal field

Abstract

The material of this article is devoted to basic concepts in jurisprudence, namely the concepts of "justice" and "law". The peculiarities of each of them were analyzed and they were demarcated according to certain characteristic principles. It was investigated and revealed which of these concepts is derived from the other, i.e. is a constituent element of a larger system. The scientific article clarifies which concept is basic. The central issue of the article is the relationship between these two concepts, that is, whether they are identical to each other, or on the contrary, one of them prevails over the other when considering and applying the norms of the law. The author defines the role of the concept of "justice" in the modern legal system and shows its evolution within the framework of the development of society. The main achievement of the research was finding a deterministic definition of the concept of "justice". It is defined as a moral and legal category of positive law, which is a central part of economic, political and social relations. This definition, in turn, allows us to distinguish the concepts of natural and social law and positive law in jurisprudence. Law must always coexist with justice, because it is the criterion for its evaluation. It should be noted the high relevance of this issue for the modern legal concept of the state. It is still not resolved and needs a deeper analysis and clarification, especially in the conditions of total integration of the Ukrainian legislative system into the system of international law. The scientific article examines various interpretations of the concept of "justice" that have been formed over a long period of development of society and law. The question of application of the concept of "justice" in the legal system, due to its multifaceted nature, was the subject of research by scientists of various fields and specialties. It became a question of life for philosophers and lawyers, sociologists and psychologists, and even representatives of economics and mathematics. At the same time, a large number of studies still did not build a unified approach to the classifications of these two categories. Therefore, this question is still relevant, especially the problem of the relationship of justice with other fundamental principles of law in the conditions of the formation of the foundations of statehood and the development of the national legal system.