Prawo pozytywne - faktyczność i obowiązywanie - przemoc i przymus
Positive law - facts and norms - violence and coercion
Author(s): Tomasz BekrychtSubject(s): Ethics / Practical Philosophy, Philosophy of Law, Phenomenology, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: positive law; morality; will; violence; coercion;
Summary/Abstract: This article focuses on the conceptual analysis of law and morality from the perspective of their relationship with the concepts of violence and coercion. The author conducts a phenomenological analysis of the concepts of law and morality, pointing out their ambiguity and the difficulties with defining their mutual relations. This analysis leads to the conclusion that three phenomena (law, morality and positive law) must be taken into consideration for those relations to be correctly defined. This allows the content of positive law to be shielded against dogmatism and ideologies. The author also challenges the thesis of a special role of morality in social relationships and strongly emphasises the crucial, primary role of positive law in those relations.
Journal: PRINCIPIA
- Issue Year: 2015
- Issue No: 61-62
- Page Range: 177-203
- Page Count: 27
- Language: Polish