Wymiary sprawiedliwości na gruncie filozofii prawa. Problematyka sprawiedliwości wczoraj–dziś–jutro
Dimensions of justice under the philosophy of law. The issue of justice yesterday – today – tomorrow
Author(s): Martyna Zimmermann-Pepol, Karol GregorczukSubject(s): Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Summary/Abstract: The article is devoted to the issue of justice in the philosophy of law, taking into account the complexity of the discussions and the multiplicity of concepts and formulas of justice in terms of their substantive content and historical heritage. The attention has been drawn to the Reflections on the justice of Roman jurisprudence in the context of the distinction between us and sex, which has been referred to the contemporary ethics of a judge. Additionally, the Authors have presented the development of the idea of justice over the centuries in terms of absolutism (natural legal concepts: Plato, Aristotle) and relativism (concepts based on legal positivism: Hobbes, Spinoza, Hegel, Kelsen, and on the social good: Hume, Mill, Rawls).In conclusion, the Authors have invoked the issue of the relationship between us and lex in relation to a modern democratic state against the socio-political background and in the context of relationships between the written laws and moral norms.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2016
- Issue No: XXXV
- Page Range: 597-618
- Page Count: 22
- Language: Polish