Tożsamość kultury prawnej a legitymizacja prawa
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Date
2013
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Journal Title
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Publisher
Wydawnictwo Naukowe Instytutu Filozofii
Title alternative
Identity of legal culture and legitimization of law
Abstract
The paper analyses some elements which create the identity
of legal culture. These elements are determined by Greek philosophy,
Roman law (the Mediterranean culture) and Christian solidarity.
These included positive law (legem ponere), jurisprudence,
academic teaching, legal text, axiological autonomy of law, Roman
law as origin of civil law and its reception, legitimization of law.
The paper focuses particularly on problematic aspects of legitimization
of law.
In the literature of jurisprudence the problem of the legitimacy
(justifying) of law is presented as the justification for the external
validity of law or as a justification for the absolute validity.
The history of philosophy of law demonstrates that we can talk
about same arguments, which may be referred to as transcendental.
Those are ultimate conditions of justifying any kind of being –
here this particular being is the law.
Firstly, this paper presents two trends (traditions) in the literature
of philosophy that have developed the concept of transcendental
method, and thus the content of the concept of transcendentalism.
Secondly, it presents four arguments which justify the existence
of law and which can be called the transcendental arguments.
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Keywords
legal culture, positive law, identity of culture, external validity of law, internal validity of law, transcendental argument, transcendentalism
Citation
Filozofia Publiczna i Edukacja Demokratyczna, Tom 2, 2013, Nr 2, s. 76-92.
ISBN
978-83-7092-158-3