Metafizyka pozytywizmu prawniczego w świetle fenomenologii prawa

Abstract

The metaphysics of legal positivism in the light of phenomenology of law

The article describes one of the assignments of legal theory that is designated by an idea of legal positivism. It is about the question concerning the cognition of essence or nature of law in the context of two positivistic theses: the thesis on separation of law and morality and the thesis on social sources of law. The author analyzes this issue using methods that are developed in phenomenology of law treating this conceptualization as complementary to methods of analytical jurisprudence.