Polemika między komunitarianizmem a kontraktualistami jako nowa odsłona sporu między iusnaturalizmem a pozytywizmem prawniczym

Abstract

The controversy between communitarians and contract theorists as a new scene in the dispute between the natural law theory and legal positivism The Author convinces that the dispute between legal positivism and the natural law theory takes place not only in terms of the philosophy of law, but also within political philosophy. At the end of the twentieth century this dispute within political philosophy took the form of polemics between communitarianism and social contract theories. The models of law characteristic of these two political philosophies turn out to be analogous to the models offered by the natural law theory and legal positivism. The natural law theory is present in the communitarian standpoint, while the legal‑ positivist approach is relevant to social contract theories. Parallelism does not obviously stand for identity and therefore there may indeed appear new and original features of these two competing approaches to law.

Keywords

• komunitarianizm
• umowa społeczna
• liberalizm
• prawo naturalne
• prawo pozytywne
• ekonomia prawa