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Grocjuszowska systematyka prawa
Grotius Law Systematics

Author(s): Dariusz Makiłła
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: Hugo Grocjusz; conception of law; system of law; law of nature; positive law

Summary/Abstract: The subject of this article is rendering of law conception presented in Hugo Grotius (1583-1545) learning enclosed in his main work Ius belli ac pacis libri tres (1625). The Grotius law conception that have been had its own systematics was based however not on normative settlements or statements of law regulations serving in juridical practice and also didactics whereas it was construction of law resulting of ideological premises containing law principles and rules being the express of philosophical and theological approach of Grotius to law. Grotius law systematics built on hierarchic order of laws existed on the levels of law from the highest placed and having widest extent law of nature to expanded and differentiated positive law had still also in Grotius understanding a practical meaning. It was a construction of law order existing and functioning in social relations reflecting a certain natural order being an essential element consciousness of men adhering to it. In this approach to law and law order Grotius has been seen the fundamental purpose of his intention.

  • Issue Year: 30/2020
  • Issue No: 2
  • Page Range: 35-49
  • Page Count: 15
  • Language: Polish
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