Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2025, vol. LIX no. 1, p. 85-100
working language: Serbian
Review paper
343.21:340.131
doi:10.5937/zrpfns59-57373
Author:
Marko Trajković
University of Niš
Faculty of Law in Nis
marko@prafak.ni.ac.rs
ORCID ID: 0000-0001-5302-918X
Dragiša Drakić
University of Novi Sad
Faculty of Law in Novi Sad
d.drakic@pf.uns.ac.rs
ORCID ID: 0000-0002-5248-6562
Summary:
Although balance is what everything, including the legal order itself, strives for, the one that must be achieved through justice is often unattainable. The reasons for this state of affairs are found primarily in social and individual interests, which are of such a nature that they cannot be easily brought into balance. Along with this, we must state that justice as a guarantor of balance cannot be connected with the concept of individual happiness and satisfaction because it is directly opposite to the happiness and satisfaction of others. Thus, the relationship is objectively understood justice, if such a thing is possible from the individual’s perspective, and subjectively understood justice is impossible. In addition to this, the limited domain of balance also contributes to the not so fair combination of politics and law, where interest prevails over the basic task of law, over fair balance. There was not a single legal system, not a single legal order that did not carry within itself the antinomy of justice and legal certainty in which legal certainty won, which means that the balance was disturbed. Right is at the same time a measure of evil that equalizes, or not, and then it will also be opposed to the subjective understanding of the just balance of things. From this it follows that a fair balance will always be such an ideal that will stand below the interests of implementing a certain legal policy, especially criminal law. In this, the domain of the application of justice and the legal language itself, which the law as a guarantor of social balance is used to achieve in the legal order, will interfere and compromise.
Keywords:
law, criminal law, balance, justice, legal certainty, language.