The Choice of a Way of Life and the Consciousness of a Fundamental Rights

Mikołaj Ryśkiewicz — Sat, 16 Jul 2022 08:19:58 +0000

Prof. UŁ dr hab. Bartosz Wojciechowski

University of Lodz

English abstract: The article deals with the need for acceptance of pluralism of ways of life in modern legal orders, which should allow each individual to find his or her own modus vivendi in a diverse world. Such an attitude is particularly important in the discussion on LGBTQ rights, for which the starting point is the case law of the Supreme Administrative Court in these matters. The author points out that proper exercise of rights and tolerance for pluralism of values, beliefs and ways of life is not possible without legal consciousness of the entities belonging to certain minorities, which is built by a sensitive and pluralistic attitude of judges, reflected in their judgments.

Keywords: equality, (non)discrimination, identity, legal consciousness, axiological pluralism, human dignity, recognition

Language: Polish

Published: Number 2(31)/2022, pp. 97-108.

DOI: https://doi.org/10.36280/AFPiFS.2022.2.97

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Number of downloads: 396

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

Hegel’s Critics on Legal Profession

Redakcja (Mateusz Mońka) — Tue, 05 Oct 2021 14:38:11 +0000

Mgr Maksymilian Hau

University of Warsaw

English abstract: The aim of the article is a question about the actuality of the Hegelian concept of law, presented in the Principles of the philosophy of law. For Hegel, the law is the most important element in the structure of a capitalist society, because it funds the mutual recognition of individuals, which gives social relationships a foundation not in the dialectic of rule and servitude, but in the submission of all authorities to general legal norms. The analysis of selected contemporary practices that allow for the choice of jurisdiction calls into question the Hegelian concept, since these practices show that the general principle is broken – abstract norms of law no longer have to apply to everyone. The second part of the article is devoted to the analysis of criticism of legal profession to which Hegel accused the responsibility for alienating the law from society and thus blurring the relationship between law and freedom. The question will be asked whether Hegel’s criticism can be applied to contemporary problems in the relationship between law and society. Whether the law continues to be, as Hegel wanted it to be, a rational means of meeting the needs of individuals, or whether, on the contrary, it is increasingly becoming a source of exploitation.

Keywords: Hegel, Principles of philosophy of law, recognition, exploitation, legal profession

Language: Polish

Published: Number 3(28)/2021, pp. 69-81

DOI: https://doi.org/10.36280/AFPiFS.2021.3.69

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Number of downloads: 286