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Krytyka Prawa. Niezależne studia nad prawem

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Year 11/2020 
Volume 12 
Issue 3

Enactment of Legal Rules as a Link to Philosophy and Politics

Marek Zirk-Sadowski
University of Lodz

11/2020 12 (3) Krytyka Prawa. Niezależne studia nad prawem

DOI 10.7206/kp.2080-1084.401

Abstract

The choice of the formula of justice is being made by a law enacting body. In a democratic state parliament, or a political body is the main source of formulae of justice,
out of the nature of things dominated by political discourse. Here we touch the most significant problem of enacting fair and just law: considerations on the topic of justice reveal a connection of the choice of the formula of justice with philosophy. The compromise of philosophy co-acting in the twentieth century with totalitarian systems refuted then ultimately a myth about a possibility of direct translation of philosophical categories to political categories. The political practice of a liberal democratic state rejects the idea of metaphysics, which would determine the current purposes of the politics. There is a suggestion that democracy faces philosophy in the order of thinking. In spite of such attitude, the author decides to allow for philosophical establishing of the liberal-democratic state, but also allowing for the simultaneous realizing that it is by itself justified as the most reasonable political practice of the state. The philosophy may justify democracy only accepting in turn itself as a variant of a democratic discourse, although the only one which is able to have some distance to mere assumptions of philosophy, without ceasing in this way it is being a democratic discourse. Such philosophy is actually the hermeneutics of politics.

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APA style

Enactment of Legal Rules as a Link to Philosophy and Politics. (2020). Enactment of Legal Rules as a Link to Philosophy and Politics. Krytyka Prawa. Niezależne Studia Nad Prawem, 12(3), 162-177. https://doi.org/10.7206/kp.2080-1084.401 (Original work published 11/2020AD)

MLA style

“Enactment Of Legal Rules As A Link To Philosophy And Politics”. 11/2020AD. Krytyka Prawa. Niezależne Studia Nad Prawem, vol. 12, no. 3, 2020, pp. 162-177.

Chicago style

“Enactment Of Legal Rules As A Link To Philosophy And Politics”. Krytyka Prawa. Niezależne Studia Nad Prawem, Krytyka Prawa. Niezależne studia nad prawem, 12, no. 3 (2020): 162-177. doi:10.7206/kp.2080-1084.401.