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A 'good' society and the law-governed state. Prolegomena to a constitution

100%
Kaczorowski P.
Civitas. Studia z filozofii polityki (Civitas. Studies on politics philosophy)
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2007
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issue 10
29-43
EN
The idea of a law-governed state, which is referred to so commonly, exists as a synonym of the principle of the supreme meaning and standing of the constitution in the state system. The law-governed state in its pure form is one where the law provides not only the framework and barriers for the state and the actions of the authorities, but a state wherein its beginning and foundations are rooted in the law. The concept of the law-governed state has many highly detailed elements (the very existence of the constitution, the separation of powers, the independence of the courts, the legal character of administrative actions, legal protection against decisions made by the authorities, the right to appeal, etc.); its essence, however, is the recognition of the law as a particular means and a yardstick with which both the state's system and the recognition of the legal standards vested with the power to shape social relationships, the regulatory power, are moulded. It is the prestige of the law - 'nomos basileus' - which should be the source of state order. The supremacy of the law provides the premise on which the introduction of every detailed solution which turns the idea of the law-governed state into specifics, is based. If the rule of law, rather than that of the authorities is to exist, this must be a law wherein each citizen may contribute to its shape; ideally it will be one established directly by the citizens rather than by the established authorities, democratic in an indirect way. This must be a law binding upon everyone equally, observed by everyone, operating effectively and surely. It must also be a law made for society's sake rather than for that of an idea, and it must be fitting to those realities, standards and common practices that exist in that society. It must also be a law not too rigorous and imposing neither excessive requirements nor strange measures.
2

ŠTYRI PRINCÍPY SOCIÁLNEHO SPOLUŽITIA V SÚČASNEJ DOBE PODĽA PÁPEŽA FRANTIŠKA

88%
Šoltés R.
Verba Theologica. Teologický časopis
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2021
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vol. 20
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issue 1
68 – 87
EN
This study reflects on the social teaching of Pope Francis, which is based on four principles set forth in his apostolic exhortation Evangelii Gaudium: time is greater than space; unity prevails over conflict; realities are more important than ideas; the whole is greater than the part. Pope Francis is convinced that the application of these principles can be a genuine path to peace in social coexistence within each nation and in the entire world. Pope Francis also urges to “slow down” and “train contemporary man to use power well”. These calls reflect the reality of today’s fast-paced and performance-driven era. Pope Francis grounds his social principles in a dialogical dimension of human nature that he derives from the Trinitarian theology. Today, in the age full of conflicts, it seems of utmost importance to apply this type of theology to ordinary spirituality. This enables us to grasp the very essence of our problems and present the reality in a Trinitarian key. In explaining Francis’ principles, the study draws on several phenomenological reflections of various authors.
3
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SERGIUS HESSEN’S VIRTUE THEORY AND ETHICS OF RESPONSIBILITY

75%
Hanuszkiewicz W.
Konštantínove listy
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2021
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vol. 14
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issue 2
158 - 175
EN
Ever since Alasdair MacIntyre published his book After Virtue in 1981, the theory of virtue, stemming primarily from Aristotle, has become an important factor in contemporary ethical discussions. These discussions, however, ignore the platonic theory of virtue. It is in the platonic tradition that Sergius Hessen undertakes his investigations. In Hessen’s view, Plato’s virtue ethics can be united with the theological theory of cardinal virtues, thus creating one coherent approach. This connection – as long as it maintains its internal, dialectical tension – transforms a traditional concept of virtues focused on the moral perfection of the subject as well as the deontological ethics of Kant, which is based on the universal validity of duty, into the ethics of responsibility, the model of which is presented in Fyodor Dostoyevsky’s The Brothers Karamazov. This concept of ethics, rooted deeply in Orthodox Christianity, is noteworthy because it presents, in an innovative way, the issue of the relationship between moral practice and law. In this context, moral practice is understood by Hessen as one of the most important manifestations of human creativity. Hessen’s virtue ethics may thus be regarded as the valid opinion that needs to be included in contemporary considerations over the right form of social ethics.
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