Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

On the Difference Between a Strong and Weak Version of the Idea of an Internal Point of View

Dr Paweł Jabłoński

The University of Wrocław

English abstract: This article aims to theoretically expose the claim that the choice between framing the activity of courts in hard cases as “purely political” or “purely juridical” activity is a false choice. I achieve this goal in the following way. First, I introduce the notion of an epistemic account of the internal point of view, which is linked to the conditions of legal cognition. Then I propose a distinction between a strong and weak account of the internal point of view so understood. Such criteria as the autonomy of the law, the relevance of the subject factor in the application of the law, or the arguability of the content of the law play a fundamental role here. Next, I provide a more detailed characterization of the strong view of the internal point of view and the weak one. I try to show that a sharp line between what is legal and what is political is possible only with the adoption of a strong account of the internal point of view. At the same time, I give reasons why such an account of the internal point of view should be rejected. In the concluding section, I briefly summarize the most important findings.

Keywords: internal point of view, legal cognition, Hart

Language: Polish

Published: nr 4(41)/2024, pp. 19-35.

DOI: https://doi.org/10.36280/AFPiFS.2024.4.19

Download: Download

Number of downloads: 108

This text is licensed under a Creative Commons Attribution 4.0 International License.

Filed Under: Articles Tagged With: Hart, internal point of view, legal cognition

Lord Patrick Devlin’s Concept of Public Morality in the Light of Case Law of the European Court of Human Rights

Mgr Kamil Jesiołowski

University of Business and Administration in Gdynia

English abstract: The aim of this article is to present the case law of the European Court of Human Rights (ECtHR), in cases concerning public morality, in the context of one of the most important debates in 20th century legal philosophy: the dispute between Patrick Devlin and Herbert L.A. Hart. In order to achieve this aim, I first describe the key theses defended by these scholars and explain the historical circumstances in which the debate arose. Then I analyse the most salient judgements passed by the ECtHR, which defined rules of the acceptable limitation of individual rights guaranteed by the European Human Rights Convention due to the moral norms existing in a society. I conclude that the reasoning adopted by the ECtHR in these cases resembles Devlin’s propositions to some extent. Furthermore, I claim that a reference to inherent and inalienable human dignity might be considered a sound solution in some doubtful cases in which moral problems or rights restrictions appear. Finally, I show that legal moralism, as a vein in the philosophy of law, has its adherents in contemporary science, too. However, the views presented by new legal moralists fundamentally differ from those postulated by Patrick Devlin in his time.

Keywords: Devlin, Hart, legal moralism, ECtHR judgments

Language: Polish

Published: Number 1(22)/2020, pp. 37-51.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.37

Download: Download
Number of downloads: 473

Filed Under: Articles Tagged With: Devlin, ECHR judgements, Hart, legal moralism

Szukaj

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

reactive attitudes Michel Foucault attributability comparative law scientific field theory constitutional interpretation law as a cultural subject human nature constitutional courts group rights as a category discretion institutional theory of law Piyel Haldar juridification of the memory Tomasz Bekrycht nonfactualism symbolic law judicial character shell of legal culture responsibility of a professional crisis of autonomy of law Franciszek Strzyszkowski global constitutionalism a contrario ombudsman institutions situational assessment Law as Artifact democratic society global law international society European Union law conflicts within values dissenting opinion constitution’s functions multiculturalism contra legem gap Arrow’s paradox supra-constitutionality natural law legal ethics Leibniz law limitation of claims methodology of legal sciences grammatical problems nullum crimen sine lege Paul Ricoeur prima facie duties Rafał Mańko “East” conceptual motivation

Copyright © 2025 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT