Journal of Siberian Federal University. Humanities & Social Sciences: Why the Law is Equivalent and, as a Rule, Injustice

Journal of Siberian Federal University. Humanities & Social Sciences / Why the Law is Equivalent and, as a Rule, Injustice

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (4)
Authors: Syrykh, Vladimir M.
Contact information: Syrykh, Vladimir M.: Russian State University of Justice 69 Novocheremushkinskaya Str., Moscow, 117418, Russia;
Keywords: philosophy of law; law; principles of law; justice; equivalence; private law; public law; morality; anti-law
Abstract: The article justifies the illegitimacy of views in the legal literature on justice as an essential feature of law: recognition of its universality is excluded, since the subject of legal regulation is not limited to the sphere of validity of the principle of justice, and certain legal relations do not correspond to it at all (for example, technical, production, educational, procedural relations, etc.). Objects of legal relations, in the name of which citizens and other persons enter into legal relations, are not equal, but equivalent. The principle of equivalence is manifested in cases when the value of the material or spiritual benefit obtained by the subject of a legal relation corresponds to the costs that it incurred in the process of fulfilling a legal obligation in this legal relation. At the same time, a significant part of property and other legal relations directly contradicts the principle of justice
Pages: 598-605
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/32346