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2013 | 1 | 37-72

Article title

Problematyka aksjologiczna jako uwarunkowanie procesów prawodawstwa gospodarczego oraz jego limitacji. Zagadnienia filozoficzno-prawne


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The dissertation substantiates the possibility of applying the idea of law as a tool for defining the limits of legal interference in an economic system. Adopting the concept of law based on the Economical Analysis of Law it advocates the belief that the implementation of the idea of law consisting of three values – advisability, justice and legal safety – is the most optimal and effective instrument in determining the limits of legal regulations with regard to a liberal market economy. One can conclude then, that the idea of law can very well be described as a general cultural axiological system, especially with regard to the economic and legal culture. It is a system of values that determines the processes of internalization and institutionalization of norms and above all legal and moral ones. The law is a factor that determines and organizes the social life and it determines for the same reason the art and limits of economic activities. It cannot therefore be enacted in isolation from economic and axiological questions. As Gustav Radbruch observes, the law, as well positive as the natural law is a cultural phenomenon and can be looked into only in connection with values and always with reference to them. The positive law must embody and implement the idea of law. And although it is indisputable that no ideal legal or economic system can be completely fulfilled, the striving toward those ideals is an obligation for any society. Resigning and giving up the ideal does not simply mean the preservation of the status quo, but it results in regression and in repeating of former dysfunctions and/or other negative solutions.






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Publication order reference


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