Zasady prawa. Studium teoretycznoprawne
The book consists of two parts. The first one focuses on presentation of principles of law dominant in the literature of theory of legal principles as individualized by their authors: R. Dworkin, R. Alexy, M. Atienza and J.R. Manero, J. Wróblewski as well as S. Wronkowska, M. Zieliński and Z. Ziembiński. The second part in its introductory section discusses negative consequences of a commonly accepted approach to principles. Then, in the main section the book discusses the concept of principles of law as
norms imposing the realization of definite values. In this concept principles, despite being part of a normative (directival) platform, possess a distinctly different status in comparison to rules, for principles do not formulate the obligation to carry out certain actions understood as an act aimed to modify the outside world. Their essence lies in the obligation to realize certain values – those values that appear most frequently as completion of the principle, e.g. principle of the rule of law, principle of social justice or principle of equality. If a rational legislator – rational also in axiological terms – ‘wishes’ to make a given value into a legal value, he proclaims a suitable directive, which will be recreated from legal texts as the very principle.
|Spis treści||Pobierz plik|
|Tytuł (EN)||Principles of Law. A Study in Legal Theory|
|Seria||Prawo nr 174|
|Liczba arkuszy wydawniczych||24,00|
|Format [cm]||17,0 x 24,0|