Precedens sądowy w świetle ewolucji brytyjskiego pozytywizmu prawniczego
The doctrine of binding precedent in English jurisprudence and the evolution of British legal positivism

Summary/Abstract: This paper concerns the relationship between the development of the doctrine of binding precedent in English jurisprudence and the evolution of British legal positivism, with particular focus on the development of judicial practice and the search for the ultimate criteria of validity. Based on examples from English judicial practice, the article explores the dilemmas of imperative legal theory. The proposed hypothesis is based on the assumption that the evolution of the doctrine of binding precedent in English law became an essential factor behind refined legal positivism in general and the concept of the rule of recognition in particular.

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