Geneza niepozywistycznych koncepcji prawa – zarys problematyki
Origin of Non-Positives Concepts of Law – an Outline of the Problem

Summary/Abstract: The article concerns the beginning of non positivistic approach to law starting from debates which occurred in post-war German social philosophy. The role of the most important factor in clarification of non positivistic approach is said to be Radbruch’s formula and the assumption that the positive law must include at least minimal justification taken from natural law. Next part of article is short enumeration of a few authors who’s thought was essential to the debate with legal positivism including Ronald Dworkin’s theory of law containing principles and policies. In the end author points that theoretical debates are often based on misinterpretations of opponents statements which are taken out of context.

• Details
• Contents