
Prvenstvo prava pred idejama dobra
Author(s) -
Petar Popović
Publication year - 2020
Publication title -
zbornik pravnog fakulteta sveučilišta u rijeci/zbornik pravnog fakulteta sveučilišta u rijeci
Language(s) - English
Resource type - Journals
eISSN - 1846-8314
pISSN - 1330-349X
DOI - 10.30925/zpfsr.40.3.2
Subject(s) - theology , philosophy , humanities , physics , political science
In the paper, the author analyzes theconcept of law in John Rawls’s political conception of justice. After analyzingRawls’s relevant texts that contain certain elements of the argument for theconcept of law as an institution, of the legal system, of legal norms and ofthe rights, as well as the secondary literature on these texts, themetajuridical foundation of the concept of law is researched. The author thenclaims that Rawls’s argument for the priority of right over ideas of good isthe central thesisfor an adequate understanding of his legal constructivism. It is then affirmedthat we can legitimately refer to his thought on the subject under the rubricof the priority of the law over the ideas of the good. Rawls’s conception ofthe natural rights is researched next. The paper concludes with the evaluationof the results of the whole line of analysis, especially with regard to theplace of Rawls’s concept of law within the contemporary juridical-philosophicaldebates.