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EN
The author discusses the role of sociological theory in the contemporary debates on property. He is attempting to overcome a dilemma facing philosophical conceptions ranging between individualist and egalitarian paradigms. The article entails critique of the sociological assumptions of both of these paradigms and some characteristics of the competing theory by Durkheim, which does not often focus in the debates concerning property. The main advantage of the Durkheimian perspective is a differentiation between reasons for respecting individual rights versus rationalizing the norms which describe the emergence, subjects and limits of property. This differentiation can help us understand and clear the paradoxes which appear in context of property in the free market.
EN
The question about the limits of law enables us to look at law from the point of view of its practical concepts, a perspective determining the understanding of juridical activities. The author's argument demonstrates the political character of different concepts of law as well as their interdependency. On the other hand, the comparison of the juridical and political activities shows us the unavoidable contradictions between the above mentioned spheres of action. The thesis that there is an 'unfortunate partnership of law and politics' focuses on concrete social situations. They highlight the paradoxical intersections of juridical and political perspectives. Civil disobedience is a good example of a situation which can only be understood when the pragmatical model of law is applied. Moreover, the creative dimension of every individual implementation of norms needs to be taken into consideration.
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