Davida Lewisa koncepcja fikcyjnego stanu rzeczy jako opisu świata możliwego a problem statusu norm prawnych

Author(s): Marek Jakubiec / Language(s): Polish Issue: 15/2016

The character of norms is a relevant issue in the contemporary legal philoso- phy and in the metaethics. The analysis of Lewis’ sugguestions concerning the ctional statements (sentences “describing” the ction) prima facie may seem to be useless from the perspective of law. However, the situation is different, due to the fact that it is possible to treat the legal text as the description of possible world. The issue is analyzed in the paper.

Argument „semantycznego ukąszenia” a teoria prawa Jerzego Wróblewskiego

Author(s): Adam Dyrda / Language(s): Polish Issue: 1/2010

Ronald Dworkin once criticized legal positivists for that their theories are founded on a mistake called “the semantic sting”, which claims that legal philosophy, as a silent prologue to every decision of law, cannot be only a semantic account to the word ‘law’. The article presents Dworkinean argument (and its most influential critique of Herbert Hart) and examines whether Jerzy Wróblewski’s legal theory (in its descriptive layer similar to the theory of Herbert Hart) is susceptible to “the semantic sting”. Finally, the answer given is based on a particular solution: Jerzy Wróblewski’s concept of rationality of legal decision appliance. The answer is in accoradance with argumentation of soft positivists, such as Herbert Hart or Jules Coleman, and is based on the acceptance that, even if Dworkin’s argument is meaningfull, it still does not apply to the theories presented by the soft positivists. The controversy whether a particular theory is “semantically stung” is de facto a dispute over a proper methodological approach to legal theory and a relation in which such a theory remains to interpretative jurisprudence of Ronald Dworkin. In this case we can treat Jerzy Wróblewski’s theory as a metatheory, which deals with theoretic disagreement over the grounds of the law, while deciding the case.

Teoria zasad prawnych Roberta Alexy’ego

Author(s): Milena Korycka / Language(s): Polish Issue: 1/2010

This article concerns Robert Alexy’s conception of legal principles, which conception he builds on the basis of an analysis of constitutional norms. The main assumption of his conception of rights is that in this field it is necessary to use the theory of principles as the basis. He created his own theory of principles as norms which require realization to the greatest extent possible in the light of legal and actual possibilities. Consequently, he defines principles as optimisation commands, capable of different degrees of realization depending on the actual and legal possibilities. The dimension of the legal possibility depends on the contrasting principles and rules. R. Alexy treats rules and principles as reasons of different kinds. While principles are always prima facie reasons, rules are definitive reasons until an exception to them is provided for. R. Alexy claims also that the nature of principles implies the existence of the principle of proportionality in the sense that the principle of proportionality with its three “sub-principles”: adequacy, necessity and proportionality in the strict sense, logically follows from the nature of principles and can be inferred from them.

Perhalasztás Athénban. A γραψή παρανόμων időzítése

Author(s): László Horváth / Language(s): Hungarian Issue: 2/2013

Ebben a tanulmányban a --- perekben az esküdtbírósági tárgyalás halasztásának, illetve halogatásának jelenségét vizsgálom. A legismertebb klasszikus példa a koszorú-per, amelyet Aischinés Kr. e. 336-ben benyújtott vádirata után hat évvel, Kr. e. 330-ben tárgyaltak. Ugyanezt a jelenséget tapasztaljuk azonban a Hypereidést érintő Dióndas-perben is, ahol a vádirat benyújtása és a tárgyalás között négy év telt el.

Historia pewnego przypisu. Próba rekonstrukcji dyskusji Hansa Kelsena z Jerzym Wróblewskim

Author(s): Monika Zalewska / Language(s): Polish Issue: 1/2011

Article is an attempt to provide reconstruction of the discourse between Hans Kelsen and Jerzy Wróblewski. The main motive of the article are three footnotes from Hans Kelsen’s General Theory of Norms where he considers such issues as the meaning of the legal norm, and legal interpretation. Reconstruction leads to conclusion that if one treats H. Kelsen’s argumentation as a critique of Jerzy Wróblewski’s theory, this critique doesn’t have sound basis, because it’s essence is not to point contradictions and weakness of the theory, but it is led from the point of view of pure theory of law which itself at some points suffers from the lack of coherency. Thus the other approach of the interpretation of footnotes is offered, to treat them as an some kind of scientific testimony, and as a tool which has on scope to make improvement in pure theory of law. Additionally it has been pointed out, that Hans Kelsen didn’t put the main interest on Marxist issues which occurred in Jerzy Wróblewski’s theory, but on those elements which have it’s importance and are discussed till present day.

Monografia Marcina Matczaka „Summa iniuria. O błędzie formalizmu w stosowaniu prawa”

Author(s): Anna Tomza / Language(s): Polish Issue: 1/2011

Odpowiedź na recenzję Anny Tomzy dotyczącą książki „Summa iniuria. O błędzie formalizmu w stosowaniu prawa”

Author(s): Marcin Matczak / Language(s): Polish Issue: 1/2011

XIX Zjazd Katedr Teorii i Filozofii Prawa „Konwergencja czy dywergencja kultur i systemów prawnych” Jastrzębia Góra, 19–22 września 2010 r.

Author(s): Tomasz Widłak,Magdalena Glanc / Language(s): Polish Issue: 1/2011

Uroczystość Jubileuszu 70. urodzin Profesora Macieja Zielińskiego

Author(s): Agnieszka Choduń / Language(s): Polish Issue: 1/2011

Naukowo-dydaktyczna działalność Katedry Teorii i Filozofii Prawa Uniwersytetu Łódzkiego w latach 2009–2010

Author(s): Tomasz Bekrycht / Language(s): Polish Issue: 1/2011

Dôležitosť spravodlivosti ako čnosti

Author(s): Oľga Gavendová / Language(s): Slovak Issue: 3/2017

Every person revolts when experiencing something wrong or unjust. In justice is a harmful thing which has to be removed from the society, so that the justice will be re-established. But what makes the action righteous? Why should a person act justly? The paper proposesan answer to these questions. First, the author presents the classical concepts of justice elaborated by Plato, Aristotle, and Aquinas. The justice can have two meanings: justice as a virtue and justice in relations among persons. Two meanings overlap but they are not identical. The focus of the paper is on justice as a virtue, hence a characteristic of the person, inasmuch justice is an expression of a person, and at the same time, it is a task to be achieved. When somebody is not a righteous person, he or she does not act as a person.

Thought Experiments in the Theory of Law: The Imaginary Scenarios in Hart’s The Concept of Law

Author(s): Miomir Matulović / Language(s): English Issue: 52/2018

H. L. A. Hart’s The Concept of Law is an important and influential work in the modern philosophy and theory of law. In it, Hart introduced and discussed three imaginary scenarios: the absolute monarchy under the Rex dynasty; the pre-legal society governed by primary rules of obligation; and the worlds in which rules would be different from those in our actual world. Although Hart did not use the expression “thought experiments” in his work, some of his interpreters refer to the imaginary scenarios as thought experiments. However, interpreters do not go into the question of whether the imaginary scenarios in Hart’s work do indeed satisfy a general characterization of thought experiments. In this article, the author first summarizes the three imaginary scenarios in Hart’s work and points to the context within which we encounter each of them. Then, he makes use of a general characterization of thought experiments in the contemporary philosophical literature and briefly examines the way and the extent to which the imaginary scenarios in Hart’s work can satisfy its requirements.

Odpowiedzialność naturalna człowieka

Author(s): Rafał J. Kruszyński / Language(s): Polish Issue: 74/2015

The study deals with a phenomenon of responsibility. It distinguishes between natural responsibility and moral responsibility or legal responsibility (liability). The central intention of the text is to reveal that responsibility does not refer only to moral or legal dimensions. The natural responsibility is greater (more important) than the moral responsibility or legal one. What is more, both the moral responsibility and the legal responsibility are changeable. The natural responsibility instead, is constant and concerns all the mankind in the same way.

Realizacja zasady prawdy w postępowaniu cywilnym a ciężar dowodu i ciężar argumentacji

Author(s): Michał Krok / Language(s): Polish Issue: 73/2014

The purpose of the paper is to analyze, how rules of the burden of proof and rules of the burden of argumentation justify a thesis, which is found as a true statement by court. Two concepts of the truth discussed in the Polish civil procedure (the objective/material truth and the judicial truth) are compared in connection with the rules of the burden of proof and the burden of argumentation. The rules of burden of proof and the rules of the burden of argumentation are constitutive rules. They state under what conditions a thesis counts as justified. The justification of a decision of applying law based on the rules of the burden of proof or rules of the burden of argumentation is institutional, not substantial.

Współczesne pytania Antygony. O wolności wyborów, o źródłach prawa i uzasadnieniu moralnej słuszności czynów

Author(s): Janusz Lewandowicz / Language(s): Polish Issue: 1/2015

The author presents considerations concerning morality criteria based on cultural and philosophical prepositions. Contemporary issues, in particular bioethical ones, make us pose the questions about the hierarchy of norms and, thus, the hierarchy of activities. This automatically leads to the question about the source (or sources) of law. The basis for these considerations is Antigone by Sophocles as a masterpiece with universal message. From the text analysis one can discover the issue of tradition and its role in social life principles determination. This leads to the question about the sources of law – are they transcendental or immanent? The author points out that Antigone uses the word „law” – „νόμος”, „νόμιμα” – only in relation to the divine laws. Creon’s regulations which oppose them are described as „φρόνημα”– inventions. In this way she acknowledges the supreme character of the transcendental norm. Rejection of the reference to the transcendental leads to „absolute contradiction” in the area of prepositions and attainments of legal objectives. This notion („absolute contradiction”) was used by Joseph Ratzinger in Benedict’s Europe in the cultures crisis. It can be said that this contradiction in the modern age comes from different ways of understanding the relationship between the transcendence and science, and, consequently, law by Galileo. Therefore, the premise of absolute autonomy creates „absolute contradiction”. The attempt to overcome this obstacle is respect for the so called „immanent transcendence”, which is expressed in the natural law. However, one must first acknowledge the existence of the objective truth and the possibility of knowing it and the norm which assesses the consistency of one’s action with those reference points. This norm is one’s conscience which has its autonomy in relation to legal norms that are not based on the natural law. Without that acknowledgement the only justification of law would be mere force. In our cultural situation Antigone’s question about the sources of law and its validity as well as how to save human dignity and love remains still pending.

Miejsce i rola słuszności w prawie k ościelnym

Author(s): Mariusz Auguścik / Language(s): Polish Issue: 2/2014

The topic of article is equity, its role and place in church law. This is philosophical and ethical category which infiltrate with the whole system of ecclesiastical law. Content of Revelation and anthropological and axiological implications focus in the ecclesiastical law. The law in not the final and closed reality. It makes canon law a tool of evangelization. When subject of the law is not able to obey the rule, keeping equity makes possibility finding the most optimal, individual solution. Although the worshiper does not obey the rule, nevertheless follows the justice and actualizes vocation to being saved in Christ.

Logika Hegelove filozofije prava kao filozofije o praktičkom

Author(s): Dejan Jovančević / Language(s): Serbian Issue: 28/2017

What we understand as the logic of Hegel’s philosophy of right refers on the one hand to (1) the idea of the good=the practical idea=action, an act as a practice. On the other hand, it refers to (2) the method, i.e. the absolute idea which, according to Hegel, realizes the practical idea in a true way. Without a more direct insight in the phenomenological and logical path of consciousness to the absolute knowledge and absolute idea, we will demonstrate that for Hegel philosophy of right does not have his “own” practical method. The practical idea, on the contrary, could be defined by the absolute idea, so that for Hegel the absolute idea is the method of the philosophy of right.

Filozofija, pravo, istorija: Hegel, istorijsko-pravna škola i Nibur

Author(s): Lazar Atanasković / Language(s): Serbian Issue: 28/2017

This paper investigates the relationship between Hegel's critique of historical school of law from his Elements of the Philosophy of Right and his critique of Niebuhr's critical-historical writing, carried out within his Lectures on the Philosophy of World History. On the one side, in Elements Hegel has criticized attempts of historical school of law to substantiate law and institutions on the ground of history. In that respect, Hegel attempted to show that it is not possible to justify legal norms on the ground of positive law and history, and how philosophical reflexion is neccesary. On the other side, through his Lectures on the Philosophy of World History, Hegel has been criticising Niebuhr's attitude towards history of roman constitution and law, and he has tried to indicate how historical reflexion could not rest only on itself alone. Therefore, it could be concluded, that Hegel's​ critique of Niebuhr, from his Lectures, is complementary with his critique of historical school of law from his Elements – if first were critique of juridical engagement of history, second was critique of critical historians engagement of right.

Nedruštvena društvenost: Spinoza. Hobs. Kant

Author(s): Tanja Todorović / Language(s): Serbian Issue: 28/2017

The author in this paper shows the foundation of the idea of a natural law which explains natural state as state of war. Its origin can be traced back as far as sophistic philosophy. Aristotle’s understanding of nature (physis) implies finale cause and shows insufficiency of these theories. Modern philosophy has followed the ideas of Renaissance. While Renaissance is somewhere between mystical and natural understanding of world, modern philosophy is trying to find some safe ground for legitimation of knowledge and political thought. That “safe” new ground for modern philosophy is embedded in idea of nature. Mechanistic method had big influence on modern authors such as Spinoza, Hobbes and Kant. Through that method, they understand human nature as state of war which is the cause of unsociable sociability. This means that individuals live in society which is antagonistic and that they can’t exceed this state. That is why these theories are denoted as pessimistic. However, this paper shows that because of mechanistic method due to the lack of a purposeful cause in natural determinations makes it impossible to determine these theories unambiguously.

Neke kontroverze između prava i morala

Author(s): Spahija Kozlić / Language(s): Bosnian Issue: 28/2017

The purpose of the paper is to draw attention to the interfaces between law and morality, and (more importantly) to clarify their major differences in order to express (at the axiological level) the need to reassess and recognize the internal approval of various, especially legal standard. This task is particularly important in times of ever-increasing dogmatizing and absolutizing of the legal norms. In this regard, the paper aims to draw attention to the fact that morality is not a sort of deception or illusion (as it is often heard in recent decades), but one of the most important faces of a man substantial for all human dimensions – from intellectual to creativity. Marginalizing the moral judgment of reality (especially legal and political reality) means to suppress the most important horizon of human beings.