Limited domain of fair balance in legal order

The limited scope of justice and fair balance in the legal order is a direct result of the inability to precisely define what justice is, as well as the inability to avoid the pitfalls of empty linguistic formulas. This danger is even more pronounced when these empty formulas appear in regulations with an imperative character, especially in the domain of criminal law. In this way, a legal regulation can fix an evil that can later be justified by the same legal regulation. This is how we came to complete legal systems that can be called evil in themselves. The crime that resulted from the disturbed balance was also the cause of indifference to individual suffering. Then both the legislation and the judiciary failed and remained silent in the face of crimes, and thus the human balance was disturbed. This disturbed balance was the cause of new crimes, before which conscience recoiled and left a very good breeding ground for crime. From this it can be seen that silence in the face of crime and its legalization has never led to good. Good has not disappeared completely, but rather has been suppressed by the force of violence and remained on the margins of society, which could no longer distinguish between good and evil.

Authors

Publication Details

Journal
Zbornik radova Pravnog fakulteta Novi Sad
Published
2025-01-01
DOI
https://doi.org/10.5937/zrpfns59-57373
Citations
1
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
8.52
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Limited domain of fair balance in legal order

Dragiša Drakić, Marko Trajković
1 citations
Zbornik radova Pravnog fakulteta Novi Sad
European and International Law Studies
8.52
article

Limited domain of fair balance in legal order

Dragiša Drakić, Marko Trajković
article en
1 citations

Abstract

The limited scope of justice and fair balance in the legal order is a direct result of the inability to precisely define what justice is, as well as the inability to avoid the pitfalls of empty linguistic formulas. This danger is even more pronounced when these empty formulas appear in regulations with an imperative character, especially in the domain of criminal law. In this way, a legal regulation can fix an evil that can later be justified by the same legal regulation. This is how we came to complete legal systems that can be called evil in themselves. The crime that resulted from the disturbed balance was also the cause of indifference to individual suffering. Then both the legislation and the judiciary failed and remained silent in the face of crimes, and thus the human balance was disturbed. This disturbed balance was the cause of new crimes, before which conscience recoiled and left a very good breeding ground for crime. From this it can be seen that silence in the face of crime and its legalization has never led to good. Good has not disappeared completely, but rather has been suppressed by the force of violence and remained on the margins of society, which could no longer distinguish between good and evil.

Zbornik radova Pravnog fakulteta Novi SadVol. 59(1)
Openalex Percentile: Top 4%
European and International Law Studies
8.52
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.