Czy każda kultura zasługuje na obronę? Kilka wątpliwości dotyczących cultural defence i prawa karnego w dobie multikulturalizmu
Does every culture deserves a defence? Few queries concerning cultural defence and criminal law in the age of multiculturalism
Author(s): Michał DudekSubject(s): Law, Constitution, Jurisprudence, Public Law, Sociology, Philosophy of Law, Social differentiation, Penology, Sociology of Culture, Ethnic Minorities Studies, Sociology of Politics, Philosophy of Law, Sociology of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: cultural defence; multiculturalism; ethnocentrism; militant ethnocentrism; criminal law; minority rights
Summary/Abstract: The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues. The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 3/2011
- Issue No: 2
- Page Range: 47-60
- Page Count: 14
- Language: Polish