“The idea of law” in the normativistic theory of Szymon Rundstein Cover Image

„Idea prawa” w normatywistycznej teorii Szymona Rundsteina
“The idea of law” in the normativistic theory of Szymon Rundstein

Author(s): Maciej Marszał
Subject(s): History, History of ideas, Political history
Published by: Kancelaria Sejmu
Keywords: law;idea;normativism;theory; state;

Summary/Abstract: vThe doctrine of normativism initiated by German lawyer Hans Kelsen was very popular in the interwar period. One of the Polish continuators and propagators of normativism was professor of law Szymon Rundstein. He was in favor of studying the law in its pure form, without taking into account the influence of sociological, psychological, historical or political factors. The subject of Rundstein’s study was the law analyzed “formally and schematically”, regardless of the criterion of its validity. The novelty of the Warsaw lawyer’s theory was that he modified the theory of Hans Kelsen. He replaced the concept of Grundnorm with the concept of “the idea of law”, which was an expression of a phenomenological approach to law. Rundstein’s theory of law became an inspiration for many of today’s theoreticians of state and law.

  • Issue Year: 2020
  • Issue No: 5
  • Page Range: 83-95
  • Page Count: 13
  • Language: English, Polish