Lex iniqua—Unjust Law and its Civilizational Manifestations Cover Image

Lex iniqua – niesprawiedliwe prawo i jego cywilizacyjne przejawy
Lex iniqua—Unjust Law and its Civilizational Manifestations

Author(s): Paweł Skrzydlewski
Subject(s): History of Law, Philosophy of Law, Sociology of Law
Published by: Fundacja »Lubelska Szkoła Filozofii Chrześcijańskiej«
Keywords: lex iniqua; philosophy of law; St. Thomas Aquinas; epikeia; rule of law;

Summary/Abstract: The author of this article discusses the philosophical origins of the existence of the so-called lex iniqua in social reality. This is, in its essence, a legislated law, which is de facto a pseudo-law, an unjust and fraudulent law that harms man. The author, following the philosophical and legal tradition of Cicero, St Thomas Aquinas, argues that lex iniqua is created when the norm of written law is created without respecting and basing it in real interpersonal relations, which are in essence natural law. In the author's opinion, law conceived in such a way—detached from reality and the way of action proper to man—is a factor in the construction of the civilisation of death. The author argues that the legal and philosophical tradition of Western (Latin) civilisation has the means to counteract the evil effects of lex iniqua. This means is, above all, a righteous and mature man enriched in social virtues and in the so-called epikeia.

  • Issue Year: 2023
  • Issue No: 33/2
  • Page Range: 55-81
  • Page Count: 27
  • Language: Polish
Toggle Accessibility Mode