Pravičnost onkraj zakona : svobodnopravno gibanje in iskanje nove zasnove prava

slovenian

2021

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The author argues that the Free Law Movement should be understood as a critical response to a specific ideology about the nature and application of law, which was a result of and arose from the codification of law, taking place at the time across Europe. The Free Law Movement took issue with then commonly accepted view that positive law is in itself complete and called attention to the existence of gaps in law, arguing that law in inherently incomplete. Its followers also rejected the notion that application of law resembles logical deduction (from abstract legal norms) and highlight the importance of subjectivity in judicial decision-making. A demand that the judge be bound by the law is exposed by the free lawyers as nothing else but an ideological veil, hiding from our gaze the true motives behind judicial application of the law. In their view, a judge creates law on an equal footing with the legislature and shares the responsibility for a just outcome of a case in hand. Despite all the shortcomings Free Law Movement has, it offered an interesting and stimulating view on the nature of law and its application, which provided a corner-stone for modern understanding of law.

18.04.2023