Pozytywizm prawno-polityczny – koncepcja Uberta Scarpelliego
Legal and Political Positivism – Uberto Scarpelli’s Concept

Summary/Abstract: Unlike for most representatives of legal positivism, for Scarpelli one of the mainassumptions was that reflection about positivism should be transferred from the sphere ofscience to the sphere of politics. The legal system is a human activity, and as such it must beconsidered through norms, assessments, and values. Normative statements are formulatedfrom an internal point of view (according to Hart), which requires prior involvement ofa given person and the adoption of a specific critical and reflective attitude towards legal rules. Legal activity consisting in the reconstruction, systematization, and interpretation ofnorms essentially serves to express the political will of society organized into a modern state.This political will, expressed through positive law, is understood as shaped by values, choices,programmes, and imperatives of behaviour, which, expressed in a certain way, can, undercertain conditions, be attributed to the entire society, can be considered as the general willof a politically organized society. Law is the result of purposeful activity of entities equippedwith legislative competences, which thus pursue specific political goals.

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