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

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On Gustav Radbruch’s Notion of Antinomies of the Idea of Law

Bartosz Szyler

University of Warsaw

English abstract: The main purpose of the paper is to analyse the notion of antinomies of the idea of law developed in Gustav Radbruch’s philosophy. In the first part of the paper, I analyse the most detailed explication of the notion of antinomy contained in part of Radbruch’s Philosophy of Law. I emphasize which elements, according to Radbruch, constitute the idea of law and what are the sources of their antinomianism. I indicate what elements constitute, in Radbruch’s opinion, the idea of law and what, in his opinion, the sources of their antinomianism are. In the second part of the paper, I focus on a general reconstruction of the notion of antinomy. I refer to the use of this notion in the history of philosophy and logic, in particular to one of the most important philosophical uses of antinomy in Immanuel Kant’s Critique of Pure Reason. The analysis carried out allows me to recognize the specificity of the notion of antinomy used by Radbruch and to see its distinctiveness in comparison with Kantian antinomies. Looking at the antinomies of the idea of law from a broader philosophical perspective allows me to criticize the inadequacy of the conceptual net adopted by Radbruch, and to justify their reinterpretation independently of what has been discussed in the literature so far.

Keywords: Radbruch, Kant, philosophy of law, antinomies, justice

Language: Polish

Published: Number 4(29)/2021, pp.82-90

DOI: https://doi.org/10.36280/AFPiFS.2021.4.82

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Number of downloads: 170

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Filed Under: Articles Tagged With: antinomies, justice, Kant, philosophy of law, Radbruch

The Rule of Law in Immanuel Kant’s Political Philosophy: Two Interpretations

Mgr Michał Wieczorkowski

Adam Mickiewicz University in Poznań

Abstrakt w języku polskim: The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept.

Keywords: Kant, juridical state, rule of law, liberalism, authoritarianism

Language: Polish

Received: 04.12.2018
Accepted:
05.03.2019

Published: Number 1(19)/2019, pp. 108-124

DOI: https://doi.org/10.36280/AFPiFS.2019.1.108

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Number of downloads: 399

Filed Under: Articles Tagged With: authoritarianism, juridical state, Kant, liberalism, Michał Wieczorkowski, rule of law

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Keywords

sources of law minority rights field of axiological awareness social engineering aims means of the law Marcin Romanowicz Michał Araszkiewicz Niklas Luhmann social interest political community exploitation thick properties Bible scholarly interpretation John Rawls critical legal thought Functional kinds state neutrality women’s rights legal validity Leon Festinger is-ought problem Tbilisi cultural evidence theory of justice Jakub Hanc public reason justifications of judgments mercy Systems Theory Marta Soniewicka Maciej Zieliński manuscrits philosophiques clandestins instrumental rationality legal knowledge technological progress the criminal process and citizens Sławomir Drelich prevention medicine regulation of liberty universalism objectivity operative legal interpretation researcher Michael Moore transitional justice public interest religious argumentation Tomasz Barankiewicz

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