THE APPLICATION OF THE PRINCIPLE OF JUSTICE IN LEGAL COMPREHENSION AND JUDGEMENTS OF THE SUPREME COURT OF SERBIA

Abstract

The principle of justice as a legal category is a complex phenomenon and, in the first place, it means the acting in the same cases in the same way. But, it also means the acting which is logical, economically appropriate, morally and politically necessary, although not always altogether. One can state that at the trial conducted by the principle of justice it is a question of giving up of judging a concrete case according to the strict application of the appropriate positive regulation, for, in a concrete case, the complete application of regulations would be in the contrary of existing comprehension of justice and righteousness. Too much righteousness can lead us to come to more iniquitous solution than in the case of strict application of law. The solution is in finding the fair middle, so the court should go one step further from law itself, but not without law.