JUSTICE AS A CRITERION FOR DISTINGUISHING BETWEEN "LEGAL" AND "ILLEGAL" LAWS

Abstract

The author examines the idea of justice on the example of comparing “legal” and “illegal” laws in the context of various approaches to understanding the essence of law and the nature of legal phenomena. The article substantiates the idea that even in the conditions of the prevalence of positivist tendencies in approaches to law, understanding the legal or non-legal nature of the law can presuppose an assessment of the legal norm both from political and legal, or, for example, class positions, and moral and moral positions, including the idea of justice as a relatively independent criterion of appropriate assessment.