Kutafin University Law Review

(KULawR)

academic peer-reviewed law journal


In issue 1 on 2017 year

JUSTICE, LAW, TECHNIQUE

DOI: 10.17803/2313-5395.2017.1.7.071-075

Author: Enrico del Prato

Rubric: LEGAL PROFESSION ABROAD

Annotation: This article is devoted to the analysis of concepts of justice, law and technique from different points of view. The first one brings transcendent justice into the legal dimension. The second one separates the law, which is entirely human, from justice, which is divine. Are these two approaches necessarily separated and incompatible? It would be wrong to put them in contrast, relegating the first one to the mysteries or reducing the other one to the technique due to a practical definition of relationships, law is for the man. The axiological approach is the feature of law. Whichever way you put it, the essence of law is to express values and valuable decisions. This aspect is not secondary, and it, does not represent a limit. It is at the bottom of a relationship between justice, law, and technique, because it means that each judge, despite the specificity of the subjects, the incidence of technique, the apparent barrenness of the approach, is the guardian of justice. So, the relationship of analyzed concepts indicates that law, as a way of human knowledge, is a humble expression of justice.


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Keywords: Auctor juris homo, justice, law, technique, soft power, scientific knowledge

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