General concept
General concept
of law
of law
General concept
General concept
of law
of law
Ideas and their
Ideas and their
universalism
universalism
(Confucius)
Kǒng
Fūzǐ/K'ung-fu-
tzu
Plato
Virtue – element of soul
Virtue – element of soul
Plato and other European
Plato and other European
philosophers
philosophers
wisdom
justice
courage
temperance
Confutius
Confutius
kindeness, humanitarism
the art of
managing/ruling,
effectiveness
equity, justice
wisdom
trust
Ide
Ide
as in law
as in law
Idea
Idea
of humanity
of humanity
– humanitar
– humanitar
ism
ism
Idea
Idea
of
of
e
e
mperium
mperium
/state
/state
–
–
ef
ef
f
f
e
e
ctiveness
ctiveness
Idea
Idea
of law
of law
-
-
justice
justice
Integral
Integral
law
law
philosophy
philosophy
(R.
(R.
Dworkin)
Dworkin)
rules
rules
politics
politics
principles
principles
precedents
precedents
Idea
General principles
General principles
The aim of general principles is to
The aim of general principles is to
specify ideas. In international law
specify ideas. In international law
general principles comes from
general principles comes from
international treaties or international
international treaties or international
custom (law).
custom (law).
Zasady ogólne a integralna
Zasady ogólne a integralna
filozofia prawa
filozofia prawa
„
„
General principles indicate a
General principles indicate a
regulation, that should be obeyed but
regulation, that should be obeyed but
as a necessity of achiving certain
as a necessity of achiving certain
effect in the field of morality, as
effect in the field of morality, as
justice, or fairness, not in the field of
justice, or fairness, not in the field of
economics, politics or social sphere”.
economics, politics or social sphere”.
(R. Dworkin „
(R. Dworkin „
Taking rights seriously.”)
Taking rights seriously.”)
R
R
ules
ules
As rules we understand all acts of
As rules we understand all acts of
binding law, created by empowered
binding law, created by empowered
organs, functioning in the system of
organs, functioning in the system of
law.
law.
Conflict of principles
Conflict of principles
–
–
hard cases
hard cases
Conflict of rules
Conflict of rules
–
–
law’s
law’s
reasoning
reasoning
Politics
Politics
Politics indicates a regulation that
Politics indicates a regulation that
designate goals to be archived,
designate goals to be archived,
usually in the field of economy,
usually in the field of economy,
politics or social matters.
politics or social matters.
How does it work?
How does it work?
I D E E ( H u m a n i t a r y z m , s p ra w i e d l i w o ś ć , e f e k t y w n o ś ć )
BRAIN / ideas
SPINAL CORD /
principles
NERVES / rules
Action / politics
The meaning of law
The meaning of law
Law – has many meanings. Usually
Law – has many meanings. Usually
law is being undestood as set of
law is being undestood as set of
rules of behavior binding on the
rules of behavior binding on the
territory of a country, established by
territory of a country, established by
the competent legislative authority
the competent legislative authority
of that country, including the custom
of that country, including the custom
law.
law.
Celsus said law is this what is good
Celsus said law is this what is good
and what is just.
and what is just.
Law
Law
Law has subjective and abjective
Law has subjective and abjective
meaning.
meaning.
Subjective – the set of rights and
Subjective – the set of rights and
obligations of entity
obligations of entity
Objective – set of rules of behaviour
Objective – set of rules of behaviour
protected by the states action
protected by the states action
(sanction)
(sanction)
Social function of law
Social function of law
Social function of law covers the way
Social function of law covers the way
in which a
in which a
rule of law influences the society. It
rule of law influences the society. It
deals with the
deals with the
effect a establishement and execution
effect a establishement and execution
of the rule
of the rule
of law in the society.
of law in the society.
Stablization function
Stablization function
The stablization function of law is
The stablization function of law is
preservation of existing political,
preservation of existing political,
economic, social order
economic, social order
The dynamic function of
The dynamic function of
law
law
Law can also be instrument to
Law can also be instrument to
trigger changes in the society. Can
trigger changes in the society. Can
promote the awaited behaviour, and
promote the awaited behaviour, and
stop subjects form bahaving in other,
stop subjects form bahaving in other,
unawaited way
unawaited way
Protective function of
Protective function of
law
law
Law eliminates the behaviour that
Law eliminates the behaviour that
endangerous values the law is going
endangerous values the law is going
to promote. Law promotes the
to promote. Law promotes the
behaviour that patronize the values
behaviour that patronize the values
it is going to protect.
it is going to protect.
Coordinating functions
Coordinating functions
of law
of law
Law coordinates the efforts of
Law coordinates the efforts of
members of the society, sets the
members of the society, sets the
frames of the cooperation, creates
frames of the cooperation, creates
competences for lawfull actions.
competences for lawfull actions.
Represive function of law
Represive function of law
Represive function of law is being
Represive function of law is being
realised by the punishment given to
realised by the punishment given to
the entity that broke the law.
the entity that broke the law.