Jurydyzacja życia a skuteczność prawa
Juridization of life and efficiency of law
Author(s): Marcin Hotel, Aleksandra RychlewskaSubject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Stowarzyszenie Mage.pl
Keywords: juridization; efficiency of law
Summary/Abstract: Social life nowadays is immersed in legal concepts as it has never been before. Most decisions taken are pre-analyzed on the ground of rights and duties. It means that less important is question, whether an action is moral than whether an action is legal. Remedy for all problems is a new bill, as if the written words could actually change the world around. It leads to high inflation of law that in most cases is not recognized by the society. Authors of this paper aim at closer inspection of this issue and try to compare it with the problem of efficiency of law. Bearing in mind that written law has its values and cannot be totally erased a question that should be raised is whether there are different methods of “finding a norm” for a case that was not previously regulated. The authors propose analogy as an equivalent for inflation of law and analyze pros and cons of such an approach.
Journal: Kwartalnik Prawo-Społeczeństwo-Ekonomia
- Issue Year: 1/2015
- Issue No: 1
- Page Range: 43-53
- Page Count: 11
- Language: Polish