Philosophy of law – subject, functions and social and cultural importance Cover Image

Filozofia prawa – przedmiot, funkcje i znaczenie społeczno-kulturowe
Philosophy of law – subject, functions and social and cultural importance

Author(s): Ryszard Wójtowicz
Subject(s): Philosophy, Political Philosophy, Social Philosophy, Special Branches of Philosophy, Philosophy of Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: philosophy of law

Summary/Abstract: This article is an attempt to answer the question of: what is philosophy of law? What is philosophical reflection on law? What is the relation between the reflection on law and law “itself”? When definingphilosophy of law I share the view that in the definition philosophy is genus proximum, whereas lawis differentia specifica. The functions of philosophy of law are manifested in the social and culturalreality and depend on, among others, which sphere of man’s activity they are connected with. Oneof the functions is putting the ‘theory’ into practice, usage, legal practice, and rule-making becauseof the ideal of justice. However, the importance of philosophy of law can be expressed by the thesis:of inseparability of two values: freedom and law, because in philosophy of law understood asthis (in the spirit of I. Kant’s philosophy), only law can guarantee freedom, thus the freedom of anindividual assumes the existence of law, acceptation of law in all spheres of man’s activity in culture.

  • Issue Year: 2015
  • Issue No: 39
  • Page Range: 153-164
  • Page Count: 12
  • Language: Polish