Arthura Kaufmanna próba przezwyciężenia pozytywizmu prawniczego
Arthur Kaufmann's attempt to overcome legal positivism

Summary/Abstract: According to Kaufmann, law in the strict meaning of the word is related to a specific situation, defines what is right here and now, the legal standard is only a “prospective law” and fully real law is ipsa res iusta - “the just matter itself”. The determination of what is right in the particular circumstances is always done through some type of process carried out by a judge (or a person facing a choice), seeking a particular outcome. The ontic basis of this process is the ontic basis of the law.In the analysed theory, the main line of reasoning seems to be determined by the question for the transcendental conditions of possibility of a process leading to the right decisions: how reality should be conceived in order for a reconstructed process of realising the law, a process of knowing (determining) what is right, to be possible.

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