THE IDEA OF JUSTICE IN MODERN WESTERN PHILOSOPHY OF LAW: AXIOLOGICAL ASPECT
In modern Western philosophy of law, traditional questions of the relationship between law, morality and justice are considered within the framework of the neo-Kantian methodology of «attribution to value», while receiving a subjectivistic interpretation. Througout the twentieth century, there took place a gradual return of the idea of justice to the philosophy of law, contrary to the guidelines of the legal positivism that took root in the second half of the XIX century. Leading contribution to the «return» of justice in modern jurisprudence was made by G. Kelsen, H. Hart, R. Dworkin and J. Rolls