Prawo jako granica w życiu człowieka i państw
The law as a border in life of a man and states
Author(s): Dawid BunikowskiSubject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Philosophy of Law, Sociology of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: law as a border; state law; normative systems
Summary/Abstract: The law as a border concerns both acts of man and the power and a territory of a state. The law as a border is a social institution more sophisticated than it seems to be in traditional concept of legal positivism and Austin’s point of view. In the state law there are many borders (in criminal law, civil law, administrative law, procedural law relating to terms, freedoms and rights, obligations, going to court, and on the other hand, competences/authorities of public offices etc.). In a narrow sense the law as a border is the state law, which establishes borders of human act and behavior through the sphere of legally allowed, forbidden and ordered acts creating institutionalized legal sanctions for the break of the border and non-respect for legal norms. In a wide sense the law as a border is also mine – „my” law, “internal” law (Petrazycki’s psychological theory of law), making one’s the rules of behavior and relating to the state law (the law as a border in a narrow sense) in many ways. Customary law (also religious law) and international law are very specific branches of the law. I maintain that the law as a border must be supported by other normative systems such as morality, religion etc.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 3/2011
- Issue No: 2
- Page Range: 20-33
- Page Count: 14
- Language: Polish