Classical and Modern Searches for the Nomos of Law. Introduction Cover Image

Dawne i obecne poszukiwania nomosu prawa. Wprowadzenie
Classical and Modern Searches for the Nomos of Law. Introduction

Author(s): Maciej Pichlak, Mateusz Wojtanowski
Subject(s): Philosophy of Law, Sociology of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: autonomy of law; nomos of law; Wrocław school of legal theory and philosophy of law; Włodzimierz Gromski; crisis of autonomy of law; Carl Schmitt;

Summary/Abstract: The aim of this article is to expose the concept of the autonomy of law and, the more primary, concept of the nomos of law, together with the problems that these concepts imply. Contemporary challenges of legal practice and legal science, such as crises of the rule of law or the juridification of successive spheres of social life, call for re-positioning and rethinking the question of the autonomy of law. As the article points out, the discussions around these challenges can be read as disputes about the nomos of law – the possibility of its existence, nature, and place. In this vein, the article analyses the concept of the nomos of law and then, referring to Carl Schmitt’s interpretation of this notion, addresses the question of whether the autonomy of law is possible. The article also reconstructs the basic theoretical positions on the nature of the nomos of law and the autonomy of the legal order, with particular reference to the output of the Wrocław school of legal theory and philosophy of law in this area. Against this background, selected current challenges to the autonomy of law are considered.

  • Issue Year: 41/2024
  • Issue No: 4
  • Page Range: 5-18
  • Page Count: 14
  • Language: Polish
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