Prawo naturalne jako prawo kultury w ujęciu Gustawa Radbrucha
Natural law as a law of culture in terms of Gustaw Radbruch works
Author(s): Anna Kryniecka-PiotrakSubject(s): History of Law, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: philosophy of law; natural law; culture; value;
Summary/Abstract: The important role of natural law is connected with the human pursuance of justice fulfilment. From the earliest times, it has been understood as the most perfect way to regulate human relations. The thesis of Gustaw Radbruch occupies a special place in the discussion on the essence of natural law. According to the concept of the four worlds he formulated, natural law is a work of art that arises as a result of the creative activity of a man living in the natural world but striving to achieve ideals (higher values). It is part of the world of culture that arises in this way as a result of human actions. Natural law is therefore a cultural creation, the result of human creative activity, for which justice is the point of reference. This outstanding lawyer and thinker, therefore, depart from traditional approaches, which recognize the essence of man or God as the source of this law. The concept of G. Radbruch evolves as a part of the current natural law thinking, which was developed at the end of the 19th century together with the first theories of natural law with variable content created at that time. They have rebuilt the hitherto way of thinking, presenting an approach in which it is understood as a human work, an order created by man as a being capable of self-creation.
Journal: Studia Prawnoustrojowe
- Issue Year: 2021
- Issue No: 54
- Page Range: 273-285
- Page Count: 14
- Language: Polish