War as a Fact Suspending the Idea of Law According to Szymon Rundstein Cover Image

Wojna jako fakt zawieszający ideę prawa według Szymona Rundsteina
War as a Fact Suspending the Idea of Law According to Szymon Rundstein

Author(s): Krzysztof Jan Woźniak
Subject(s): Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: history of the philosophy of law; legal theory; history of political and legal doctrines; normativism – pure theory of law; idea of law

Summary/Abstract: This article presents Simon Rundstein’s views on the concept of the idea of law. The evolution of theoretical position from legal positivism to normativism is highlighted. The context for this discussion is Rundstein’s claim that there is a foundation for international law – the idea of the law of nations. He believed that because of war, international law does not cease to exist but is merely suspended. In his understanding, the idea of law does not answer the question of what law should be in terms of content but rather provides the basis for the existence of law as an independent category of social life.

  • Issue Year: 2026
  • Issue No: 115
  • Page Range: 47-62
  • Page Count: 16
  • Language: Polish
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