Rozumienie filozofii prawa a kształt systemu prawa

Abstract

This paper discusses the place of legal philosophy in jurisprudence related to the so-called continental legal system – the common law tradition is only occasionally mentioned. It is argued that the traditional identification of legal philosophy with axiology understood as investigatiing relations between law and morality, is not correct, because there are more philosophical problems related to law. Some methodological problems of jurisprudence are illustrated by the so-called multiplane conception of law. The main thesis of the paper says that the present shape of legal system resulted from positivisation of law in the 19th century. The rise of legal positivism was one of the consequences of this process. Positivism in jurisprudence claimed that jurisprudence should be autonomous with respect to other sciences. The lack of presence of legal philosophy in jurisprudence was one of the outcomes of legal positivism. After World War II, the situation changed and legal philosophy, not only identified with axiology, but also was legitimized independently whether practiced in jurisprudence or outside it.

Keywords

• jurisprudence
• legal theory
• doctrinal studies of law
• natural law
• legal positivism