Źródła prawa i ich obowiązywanie współczesność a prawo rzymskie
Sources of Law and their Binding Force Contemporaneity and Antiquity
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The aim of this article, inspired by the lately published book by Andrzej Grabowski: Prawnicze pojęcie obowiązywania prawa stanowionego. Krytyka niepozytywistycznej koncepcji prawa (Kraków 2009) [Legal meaning of the Enacted Law binding force. Critic of the Non-positivist Concept of Law, Cracow 2009] and proposed there “legal concept of the enacted law binding force”, is to discuss one of the most important aspects of legal order in general, i.e. the binding force of norms, from the so-called “romanistic perspective”. The question “what does it mean that the norm is binding” seems to be even more interesting and worth of discussion when one realizes some peculiarities of “the Roman system of law” such as the plurality of sources of law and the plurality of legislators as well as the luck of the theoretically elaborated concepts of legal phenomena such as “the normative concept of sources of law” and “the concept of bindingness”. For the reason of the so-called “sapiential concept of law” characterizing the Roman Antiquity, which resulted from the fact that the great number of rules was elaborated by the Roman jurists during their argumentative discourse of a normative value, the analysis of façon de parler of the Roman Jurisprudence can show some important aspects (structure, arguments, aims) of the so-called validative discourse of jurists conducted during the legal practice.
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