Hans Kelsen

As if it can see, the subject is complex. The Judiciary Power in the modern State has the task of the application of the laws promulgated for the Legislative. It is good democratic doctrine to keep independent the legislative decisions of the sentences, and vice versa, as one of the forms to prevent the absolutism. PURPOSE OF JUSTICE Hans Kelsen, one of the illustrious representative greaters of the right of the last times, in its attempt to validate the right, of its meaning for itself and of its absolute self-sufficiency, this separated the right of the justice idea and still, it defined one criterion politician, therefore the tendendncia to identify to the right and justice is the trend to justify one given social order, therefore it is not susceptvel of scientific determination. Cuique disapproved the beginning of the natural law suum tribuere, for being an empty formula, not having definitive what he is its of each one. The justinianea conception warns in them: ' ' justice is to give to that it pertence' '.

They are the Romans who say in them: ius suum cuique tribuere. For the romanistas, its and its right are terms equivalents, the right of each one are its. its is a person or somebody who if is if attributing the distributed thing. In the truth, what the Romans call Jus or right, it is equivalent to just of Aristotle. Therefore the right is action joust to give to each one its right, the thing that if of, that is, the object of the proper act of justice: it is the right, is the thing that the man just returns, delivery. as the right is the object of the action joust, then it is said that this is the object of justice. The PROBLEM OF the LAW JOUST Finally after all the recital procedure that in them brought the conception on the right in its precise meaning, on the concept of law, and the definitions and complexities of what really it is justice.

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