On the Practical Concepts of Law Cover Image

Czy legalista może być anarchistą? O praktycznych koncepcjach prawa
On the Practical Concepts of Law

Author(s): Michał Kaczmarczyk
Subject(s): Social Sciences
Published by: Instytut Filozofii i Socjologii Polskiej Akademii Nauk
Keywords: law; politics; norm; pragmatic; civil disobedience

Summary/Abstract: The question about the limits of law enables us to look at law from the point of view of its practical concepts, a perspective determining the understanding of juridical activities. The author's argument demonstrates the political character of different concepts of law as well as their interdependency. On the other hand, the comparison of the juridical and political activities shows us the unavoidable contradictions between the above mentioned spheres of action. The thesis that there is an „unfortunate partnership of law and politics” focuses on concrete social situations. They highlight the paradoxical intersections of juridical and political perspectives. Civil disobedience is a good example of a situation which can only be understood when the pragmatical model of law is applied. Moreover, the creative dimension of every individual implementation of norms needs to be taken into consideration.

  • Issue Year: 179/2005
  • Issue No: 4
  • Page Range: 5-37
  • Page Count: 32
  • Language: Polish