University of Warsaw

English abstract: The paper aims to present the concept of law proposed by F.A. Hayek in Law, Legislation and Liberty. Hayek’s theory is subsequently compared to G. Radbruch philosophy of law, mainly because of the significant difference in both thinkers’ intellectual backgrounds (i.e., liberalism and socialism). The Austrian philosopher’s theory is identified as a so-called third way proposal, an attempt to demonstrate lack of antagonism between positivism and legal naturalism. This thesis results from the fact that this theory is based on the dichotomy
between two sources of law in the form of established social practice subsequently sanctioned by the sovereign, referred to as nomos, and thesis in the form of legal instruments adopted by competent authorities. The first kind are correlated with private law in the broad sense, which law emerged from the activity of individual members of the society. The second kind should only establish norms to enable the state to operate and to safeguard nomos.

Keywords: nomos, thesis, philosophy, law, justice, society

Language: Polish

Published: Number 4(37)/2023, pp. 5-14.

DOI: https://doi.org/10.36280/AFPiFS.2023.4.5

Download: Download
Number of downloads: 357

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

Kazimierz Pułaski University of Technology and Humanities in Radom

English abstract: The article shows the category of participation as the key, proposed by Karol Wojtyła, to understanding the person-community relationship. The philosopher from Kraków argues that a person fully reveals themselves as a personal being only when they work together with others on the foundation of participation. The capacity for subjective participation, which forms part of the very structure of a person, both determines a personalistic nature of the acts performed by the person, and also enables them to fulfil themselves in relation to others. For Wojtyła, participation is the antithesis of alienation, and its affirmation enables overcoming both the antinomy between the individual and the community, and the one-sided concepts of individualism and collectivism.

Keywords: subject, society, self-agency, self-realization

Language: Polish

Published: Number 4(25)/2020, pp. 103-117.

DOI: https://doi.org/10.36280/AFPiFS.2020.4.103

Download: Download
Number of downloads: 581