Probacja (Nov 2018)
THE CONCEPT OF HUMAN IN CRIMINAL LAW THEORIES OF EDMUND KRZYMUSKI
Abstract
The considerations made in this text are intended to reflect on the essence of criminal law. In the article, I reminded of the main assumptions of the classical and positivist theory of criminal law. Then, through selected works of Edmund Krzymuski, I showed the main points at issue between these theories. With these considerations, I pulled out the conclusion that one of the main points of contention between the theories was to determine the nature of man as determined or free. The modern system of criminal law is largely the result of classical and positivist theories and their confrontation. The concept of man over the centuries has been changed. The consequences of this evolution were visible, inter alia, in the application of criminal sanctions and other action taken against those people who have broken the law. The works of scholars who dealt with criminal law theory contain many contents of philosophical importance, concerning the nature of man. The views of the people that made up the science of criminal law show the change that took place on the basis of anthropology at the turn of the 19th and 20th centuries. With these changes it became possible to apply to people who have broken the law, not just punishment, but also educational and corrective measures. Modern science of criminal law is a continuation of the concepts expressed in the past, which had at the time to overcome much resistance.
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