Prawo i estetyka: graficzny obraz systemu prawa?
Law and Aesthetics: Graphic Image of the Legal System?
Author(s): Jerzy ZajadłoSubject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Summary/Abstract: Legal philosophy is traditionally focused on such philosophical issues as ontology, epistemology, logic and ethics. It seems obvious that there is one more important philosophical issue – aesthetics. The Author of the article tries to fill this gap with the so-called pragmatic aesthetics formulated by Richard Schusterman. Using the Latin terminology he claims that law should not be only certa, praevia, scripta et stricta, but pulchra as well. On this background the Author proposes two graphic models of a legal system: the first one based on the logical structure (e.g. Hans Kelsen, Herbert L. A. Hart), and the second one focused on the axiological borders (e.g. Gustav Radbruch, Lon L. Fuller). In the conclusions the Author also presents some new proposals such as, f. ex., the three-dimensional vision of global law formulated by Rafael Domingo.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2016
- Issue No: XXXVI
- Page Range: 513-534
- Page Count: 22
- Language: Polish