The theory of justice is the subject of ethics and political philosophy by focusing on the values it contains. However, it can be a subject of jurisprudence by focusing on the system to materialize and realize justice.
On the other hand, the system fo...
The theory of justice is the subject of ethics and political philosophy by focusing on the values it contains. However, it can be a subject of jurisprudence by focusing on the system to materialize and realize justice.
On the other hand, the system for establishing and enforcing justice as a norm is embodied in the form of a public system. This public system can be understood in two areas: the realm of morality and ethics as an informal public system and the realm of law as a formal public system.
The perspective of basic jurisprudence that deals with the fundamental value of law requires a discussion on the purpose and essence of law.
From this perspective of basic jurisprudence, the theory of justice can be said to function as a fundamental interface between ethics, political philosophy and law. However, the understanding of the theory of justice tends to be mainly approached from the viewpoints of ethics and political philosophy. Therefore, it is required to explore the implications of the theory of justice from the other side of viewpoints that is jurisprudence.
Based on this awareness of the problem, this study tried to approach the theory of justice from the Pure Theory of Law by Hans Kelsen as the point of contact between morality and jurisprudence.