Filozofia prawa Czesława Martyniaka w kontekście współczesnej dyskusji wokół paradygmatu niepozytywistycznej koncepcji prawa
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Date
2010
Authors
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Journal ISSN
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Publisher
Towarzystwo Naukowe KUL, Katolicki Uniwersytet Lubelski Jana Pawła II
Abstract
In the contemporary philosophical-legal debate in Poland, a growing interest in the nonpositivist conception of law may be noticed. It is a conception, which, contrary to the positivist conception, assumes, inter alia, the thesis about the necessity of the existence of a connection between law and morality.
The aim of the present article is to show how topical Czesław Martyniak’s philosophicallegal thought is in the context of the contemporary debate about the paradigm of the nonpositivist conception of law. It turns out that if we compare the theses advanced by contemporary followers of neo-positivism with Czesław Martyniak’s views of the essence of law, we can find several related points. First of all this concerns the thesis about the necessity of the existence of a connection between law and morality, but also the non-positivist thesis about the ontological complexity of law, the very definition of law, and the issue of its binding force.
In the final part of the article the author comes to the conclusion that although the contemporary debate about the concept and nature of law has reached a high level of sophistication, in fundamental questions it has not added anything new to what was said by Czesław Martyniak more than seventy years ago. However, today it is worth discussing the non-positivist conception of law, because such a discussion offers constructive criticism of legal positivism that is significant in practice. It tends towards improving the quality of positive law by taking into consideration also the demands of its validity and justice.
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Keywords
niepozytywistyczna koncepcja prawa, prawo naturalne, natura prawa, definicja prawa, moc wiążąca prawa, non-positivist conception of law, natural law, legal nature, definition of law, binding force of law
Citation
"Roczniki Nauk Prawnych", 2010, T. 20, nr 2, s. 17-35