Dragel' L.V. —
Conceptual and procedural principles of justice
// Philosophy and Culture. – 2017. – ¹ 2.
– P. 36 - 44.
DOI: 10.7256/2454-0757.2017.2.18035
URL: https://en.e-notabene.ru/fkmag/article_18035.html
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Abstract:
This article examines the universal and private justice. Private justice is the share of juridical, economic, and other sciences, while general justice is the problem of philosophy. The subject of this research is the principles of justice, which reflect the characteristics of the universal justice. The author suggest a comparative analysis of the conceptual and procedural principles of justice. Understanding of the principles of justice finds its reflection from the perspective of ontological and deontological approaches. In first case, the principles of justice are perceived as the justice itself, and thus are viewed as the highest value and public welfare. In second case, the principles of justice can be viewed as the granted, in other words, not as justice itself, but rather the means that lead to it. The method of this research lies in reflection in form of analysis of the notion of “principles of justice”, as well as comparative analysis of the conceptual and procedural principles of justice. Comparing the procedural and conceptual principles of justice, the first seems more proper, because it gives a chance to everybody to take part in achievement of justice; in addition to that, the procedural principles of justice are considered to be more organically connected with the development of society, and do not push it.