Argumentacja filozoficznoprawna w wystąpieniach posłów na posiedzeniach Sejmu Rzeczypospolitej Polskiej VIII kadencji
Philosophical and legal argumentation in the speeches of deputies at the sittings of the Sejm of the Republic of Poland of the 8th term

Summary/Abstract: The article approximates and critically assesses the philosophical and legal argumentation of deputies contained in their speeches at the sittings of the Sejm of the Republic of Poland of the 8th term (2015–2019). It discusses cases where parliamentarians, among other things, referred to the assumptions of particular philosophical-legal schools; commented on the essence, features, goals and values of law; argued about the optimal degree of positivisation of moral norms; quoted philosophers. The study revealed the influ-ence of the party affiliation of MPs on their philosophical and legal argumentation. Deputies of the Law and Justice Party more often than others referred in their speeches to the axiology of law and natural law, emphasized the importance of justice and equity in the process of enacting and applying the law, and underlined the role of social legitimacy of normative acts and court rulings. On the other hand, MPs belonging to the parliamentary opposition — especially the Civic Platform and the Modern Party members — high-lighted the formal rule of law, opposed bills perceived as moralistic and confessional, and sought in justice and equity as the criteria for judgements the sources of excessive judicial discretion that threatened legal certainty and security. In the author’s view, the broadly understood philosophy of law has a utilitarian value for the parliamentary debate. It is desirable, however, that MPs’ re-marks of a philosophical and legal nature should be part of factual argumentation, and not reduced to superficial rhetoric or linguis-tic ornamentation.

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