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.