Próby wyjaśnienia fenomenu prawa – część II
How to explain the phenomenon of law – part II
Author(s): Bogna WachSubject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Akademia im. Jakuba z Paradyża
Keywords: legal realism; psychological theory of law; hermeneutics; comminication theory of law; rhetorics of Chaim Perelman; multifacted approach of law;
Summary/Abstract: The following article is divided into two parts. Its purpose is to briefly review the competing waysof understanding the law.The first presents the concepts of natural law with its variant- the law of nature with variablecontent and legal positivism (classical, the theory of “pure law” by Hans Kelsen, refined positivism),Gustaw Radbruch’s formulas and the relations between them.The second part discusses the realistic concept of law (American realism, legal psychologism of LeonPetrażycki and Scandinavian ones), the concepts of the so-called the third way (hermeneutics, communication theory of law, the rhetorical concept of Chaim Perelman’s law) and a multifaceted approach to law.
Journal: Studia Administracji i Bezpieczeństwa
- Issue Year: 16/2024
- Issue No: 16
- Page Range: 76-99
- Page Count: 24
- Language: Polish
