Axiological and philosophical
perspectives of distinguishing private law
(against the back-ground of public law)
Axiological and philosophical
perspectives of distinguishing private law
(against the back-ground of public law)
Author(s): Adam Doliwa, Katarzyna DoliwaSubject(s): Civil Law, Public Law
Published by: Temida 2
Keywords: private law; public law; freedom; will autonomy; equity; justice;
Summary/Abstract: The article presents the philosophical concepts and axiologicalfoundations that affect the understanding of the concept of privatelaw and also justify the orderly distinction in the legal system betweenprivate and public law. In particular, the considerations contained inthe following work answer the question of how universalphilosophical and humanistic concepts, as well as principles andvalues such as human dignity and freedom, for example - influencethe modern legislator and the understanding of private and public law.The authors also establish how philosophical and axiological criteriaaffect the relationship between private and public law, in particular,how such criteria, in the processes of interpretation and applicationof law, allow the construction of a coherent and complementary "legalorder."
Journal: Eastern European Journal of Transnational Relations
- Issue Year: 7/2023
- Issue No: 2
- Page Range: 49-57
- Page Count: 9
- Language: English