Analogiczność prawa a jego wypaczenia. Uwagi filozofa kultury
The Analogy of Law Versus its Distortions. Notes by a Philosopher of Culture

Summary/Abstract: The contemporary dominance of legal positivism has stripped law of its historically established meaning of protecting the welfare of the human person. In its place are procedures and formalism, devoid of a deeper reflection on the fundamental meaning of law. As a result, legislated law can sanction both good and evil. Meanwhile, in the tradition of the legal culture of the West encompassing Greece, Rome and Christianity, law was first and foremost to be based on justice in order to fulfil its role as law. It was not only legal positivism that proved to be a threat to the continuity of this tradition, but even earlier the natural law school, which detached law from man as a person in favour of society (sociologism). It is therefore necessary to reflect on law within the framework of a classically understood philosophy of culture in order to restore law to its rightful place in culture, rejecting those distortions that put unambiguity in the place of analogy.

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