Eugen Ehrlich's Notion about Justice and Concepts of Justice in Brazil and Ukraine

Wednesday, 13 July 2016
Location: Seminarsaal 20 (Juridicum)
Distributed Paper
Marcos MALISKA, Centro Universitario Autonomo do Brasil - UniBrasil, Brazil
Nataliia KYRYLIUK, Chernivtsi National University, Ukraine
Eugen Ehrlich (1862-1922) conceived the idea of justice in aspects of social statics and social dynamics. According to social static, every right is just an expression of the facts of the existing law. For social dynamics, otherwise, the legal precept not only keeps the existing, but also constitutes society instrument to regulate relations in the associations according to their interests. The great driving forces of this dynamic are the individualism and the community idea. Judicial decisions and interventions by the authorities have the responsibility to change or eliminate the facts of existing law and thus to move society in a certain direction. For the individualism every man/woman is an end in himself/herself.  The individualism’s ideal of justice focuses on the individual and his/her property. The community idea has as a starting point the immense internal contradiction of the individualism, because the individualism has some of the greatest inequalities, especially in relation to goods, despite the effort to treat people with equality. According to Ehrlich the social idea of justice did not eliminate the individualism’s ideal of justice, but materialized it. What are the conceptions of justice that inform judicial decisions in Brazil and Ukraine? What kind of idea of justice do we have in Brazil and Ukraine? Is the individualism or the community idea prevailing?  Do these conceptions of justice change the quality of justice in context of complexity and diversity of modern societies? Does the collectivized litigation reinforce the ideal of justice of the individualism or of the community idea? The paper is based on review of literature, documents and data from the perspectives of two very different countries, Brazil and Ukraine, and is also cooperation between Curitiba and Chernivtsi, the home of Ehrlich.