Original scientific paper

https://doi.org/10.21464/fi39117

Conscientious Objection and Legal Profession. Critical Review about Legal (Lack of) Culture

Josip Berdica orcid.org/0000-0003-4874-0326 ; Sveučilište J. J. Strossmayera u Osijeku, Pravni fakultet, Stjepana Radića 13, HR–31000 Osijek
Tomislav Nedić orcid.org/0000-0003-4344-8465 ; Orahovička 47, HR–31000 Osijek

Abstract

The paper deals with the critical questioning of the relation between legitimate imposed legal obligations and the rights to refuse these obligations based on the right of the freedom of conscience, i.e. conscientious objection. The critical perspective that is applied to conduct the questioning is a legal profession because, in Croatian legal culture, there is no articulated answer to the question of how to reconcile these two obligations within the legal profession. The paper draws on the comprehension of John Rawls’s theory of conscientious objection since it is a systematic analysis of justice that shall submit subjective understanding of the good (conscience) to the principle of right (legitimate imposed obligation). In practice, the focus is on the grounds for acknowledging conscientious objection among lawyers as well on the obstacles to exercising this right.

Keywords

conscientious objection; John Rawls; legal culture; legal profession; lawyers

Hrčak ID:

224022

URI

https://hrcak.srce.hr/224022

Publication date:

6.3.2019.

Article data in other languages: croatian

Visits: 2.932 *