ZAGADNIENIE TWORZENIA PRAWA W FILOZOFII NIEMIECKICH PRAWNONATURALISTÓW ERNSTA-WOLFGANGA BÖCKENFÖRDEGO I OTFRIEDA HÖFFEGO
CREATING LAW ISSUE IN GERMAN LEGAL NATURALISTS’ PHILOSOPHY: ERNST-WOLFGANG BÖCKENFÖRDE AND OTFRIED HÖFFE

Summary/Abstract: The article summarizes main arguments of a master thesis presented at the Faculty of Law and Administration of Warsaw University in 2004. It concentrates on the guidelines for good legislation in contemporary German conceptions of natural law. The problem was presented through the analysis of philosophy of A. Kaufmann, O. Höffe and E.-W. Böckenförde. These three authors are worldwide known intellectualists and each of them represents different conception of law: A. Kaufmann is a key figure in legal hermeneutics, O. Höffe derives ideas from neokantism, and E.-W. Böckenförde focuses on Christian interpretation of natural law theory. All the author are professors of well known universities (Tübingen, Freiburg am Breisgau), having also practical experience (i.e. E.-W. Böckenförde was a judge of the Federal Constitutional Court). Law making is not the key problem in their works, as it was, for example, for Lon L. Fuller. O. Höffe concentrates rather on philosophical and legal dimensions of human dignity and human rights, E.-W. Böckenförde tries to rediscover balance between stability of law (legal certainty) and values to be incorporated and expressed by a legal system. Both scholars provide with interesting recommendations as, for instance, the content and the form of law, a good law. The article shows that the study of general problems of law may lead to interesting conclusions on law making process.

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