- Author:
Mariusz Paradowski
- E-mail:
m.paradowski@ujd.edu.pl
- Institution:
University in Czestochowa
- ORCID:
https://orcid.org/0000-0003-0874-5181
- Year of publication:
2020
- Source:
Show
- Pages:
513-525
- DOI Address:
https://doi.org/10.15804/ppk.2020.05.37
- PDF:
ppk/57/ppk5737.pdf
The subject of the elaboration is kantianism and Neo-kantianism as a philosophical provenance of intellectual assumptions in the concept of the Grundnorm by Hans Kelsen. In the beginning this text presents an introduction to the research analysis. An important legal issue is the Grundnorm in the structure of legal standards. These reflections are based on eighteenth and nineteenth century philosophies, such as Kant’s metaphysics and Cohen’s formalism. The above arguments are relevant for the science in the concept of the Grundnorm by Hans Kelsen. The text uses foreign literature. The article contains a short summary.
- Author:
Artur Łuszczyński
- E-mail:
aluszczynski@ur.edu.pl
- Institution:
Uniwersytet Rzeszowski
- ORCID:
https://orcid.org/0000-0002-1589-935X
- Year of publication:
2021
- Source:
Show
- Pages:
159-169
- DOI Address:
https://doi.org/10.15804/ppk.2021.03.10
- PDF:
ppk/61/ppk6110.pdf
Dilemmas of Freedom and their Legal Implications
Each legal institution begins from an idea, therefore a thought is primary in relation to the legal norm created by the legislator. This makes the analysis of this idea is significant and cannot be ignored. Freedom is one of the fundamental rights guaranteed by the contemporary constitutionalism. The article is an analysis of the philosophical and legal understanding of the concept of freedom and the ways of its transfer to the law. The author claims that the concept of freedom is a vague concept for a European lawyer, on the foundation of which it is difficult to build a legal system. On the one hand, this concept seems familiar and it is difficult to directly deny it, but its definition, and even more so, the adoption of the consequences associated with this definition is debatable.
- Author:
Patryk Kupis
- E-mail:
patryk.kupis@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-3044-3350
- Year of publication:
2024
- Source:
Show
- Pages:
83-95
- DOI Address:
https://doi.org/10.15804/ppk.2024.05.06
- PDF:
ppk/81/ppk8106.pdf
On the Ideological Justification of the Foundations of the Legal System in the Polish Constitution on the Basis of Zygmunt Ziembiński’s Normative Conception of Sources of Law
The article presents a multifaceted analysis of legal phenomena, emphasizing the importance of Zygmunt Ziembiński’s developed normative concept, which considers both formal and sociological or psychological aspects of legal phenomena. The aim is to demonstrate this concept’s potential in constitutional law analysis, focusing on the ideological justification of the legal system based on the 1997 Constitution of the Republic of Poland. The logico-linguistic and dogmatic-legal analysis methods were employed. Conclusions indicate that the Polish Constitution, particularly its preamble and supreme principles, expresses important ideological elements that legitimize the legal system. These elements ground legal norms in socially and politically accepted values, supporting the system’s coherence and effectiveness. The article highlights that distinctive ideal norms, as meta-norms in the concept of the sources of law, are crucial for identifying and legitimizing norms within the legal system.