
THE LAW AS VALUE
Author(s) -
Aleksandrs Baikovs
Publication year - 2019
Publication title -
administratīvā un kriminālā justīcija
Language(s) - English
Resource type - Journals
ISSN - 1407-2971
DOI - 10.17770/acj.v3i88.4410
Subject(s) - law , philosophy of law , normative , value (mathematics) , legal realism , legal culture , empirical legal studies , legal profession , legal research , legal formalism , political science , legal pluralism , legitimacy , economic justice , law and economics , sociology , public law , private law , black letter law , politics , mathematics , statistics
The paper deals with the category of “values”, the right as a value, and fundamental values of law; including freedom, justice, and equality are analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of right and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the legal consciousness’s formation and establishing a legal order, ensuring the efficiency of legal regulations due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of the rules of law, the rules of law themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.In this regard, the role and importance of rights and of the abovestated legal values, including the historically-legal aspect, their historical conditionality are disclosed, the semantic content and the importance in the establishment of the legitimacy regime are analyzed, the points of view expressed in the research literature on the nature of legal values, signs, hierarchy, the role in social and normative regulation are considered, the difference between value and the object of value or good is emphasized.