Wartości w teorii prawa Jerzego Wróblewskiego
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Date
2013
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Wydawnictwo Naukowe Instytutu Filozofii
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Values in Jerzy Wróblewski’s legal theory
Abstract
The article presents the role of values and evaluation practices
in Jerzy Wróblewski`s legal theory. An overview of the theory
includes here the interpretation and the application of the law,
in both of which Wróblewski shows the axiological choices made
by a lawyer. These choices are only partly limited by the interpretative
directives, those generally accepted in a legal culture. The
author of the article describes the two ideologies (normative theories),
distinguished by Wroblewski, of the legal interpretation (and
of the application of the law), which are contradictory to each other
as they refer to opposing values: legal certainty and flexibility
of law. A third type of ideology, identified by Wróblewski refers
to the value of rationality and tries to mitigate the contradictions
of the previous two. Some similarities between Wróblewski`s legal
theory and the theory of H.L.A.Hart may allow to treat him as the
co-founder of a sophisticated version of legal positivism.
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Keywords
law, legal theory, legal interpretation, application of law, axiology, evaluations, ideology of legal interpretation
Citation
Filozofia Publiczna i Edukacja Demokratyczna, Tom 2, 2013, Nr 2, s. 258-272.
ISBN
978-83-7092-158-3