The Moral Dimension of Law According to Czesław Martyniak
The Moral Dimension of Law According to Czesław Martyniak

Summary/Abstract: The article focuses on the problem of the dependence of law constituted by man on morality in the thought of Czesław Martyniak. In the presence of two opposing approaches which can be found in contemporary thought, Martyniak became a follower of the Thomistic solution that postulated the necessity of the relationship between law and morality. Arguing with legal positivism, he specified his position. He recognized the psychophysical structure of man translated into normative formula as natural law—a common basis for morality and law. Martyniak justified the moral duty of respecting the legal order conformed to natural law by the Aristotelian distinction between act and potency. The law read from human nature is to preserve what incipiently exists and to enable reaching the goal, to reach fully what it potentially has. Law deprived of references to morality is a destructive factor for both man and the reality he lives in.

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