Rights, Politics, Dignity, Freedom
Jog, politika, méltóság, szabadság

Summary/Abstract: Views on jurisdiction have always been the reflection of a certain political philosophy and the moral philosophy associated therewith. Since the Enlightenment, three major theories have been proposed concerning jurisdiction: legal positivism (which almost confuses the right with the law), utilitarianism (whatever benefits most people is right) and modern natural right theories associated with the ideology of human rights. This article examines these theories and confronts them with each other, as well as with the views of the ancients (Aristotle). In the second part, dealing with criminal law, the author examines questions regarding the purpose of punishment: is it the exclusion of the criminal or a means of his reintegration in society? Is the object of punishment the crime or the criminal? Do we consider as socially harmful or morally guilty those who break the law? Is the real purpose of punishment deterrence, and with exactly what should it be proportional? Is the law always right? And are prisons a solution, or even a panacea?

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