Solidarność jako zasada systemu polityczno-prawnego – perspektywa Léona Duguita
Solidarity as a principle of the political and legal system – from Léon Duguit’s perspective

Summary/Abstract: The aim of the article is to present the idea of solidarity as conceived by the French lawyer Leon Duguit (1859–1928). I assume that this idea serves as a principle of law in the sense that the contemporary representative of legal theory, Ronald Dworkin, attributed to this term. Solidarity is a key value for Duguit’s entire thought system, which makes it the grounds for the validity of legal rules. The ultimate goal of these norms is to harmonize social life. It is also the fundamental duty of state institutions: the provision of public service. Based on the principle of solidarity, Duguit also proposes a new concept of property understood as a social function. Léon Duguit’s concepts were very much related to the great questions of the era in which they were created. This was especially true of the new view of property as a social function, which, according to Duguit, would respond to the needs of a dynamically changing in XIX century French society, for which the legal framework set by the French Revolution and the Civil Code of 1804 was no longer sufficient.

• Details
• Contents