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Teoria normy prawnej Szymona Rundsteina - założenia wyjściowe

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Tkacz S.

Z Dziejów Prawa

2018

vol. 11

issue 2

167-185

The subject of this article is an analysis of Szymon Rundstein’s theory of a legal norm. In the first part of his study, the author discusses primary trends in the theory of law in inter-war Poland. Indicating that normative concepts had few supporters, the author simultane- ously notes that they attracted law practitioners dealing with legal theory. The second part is an attempt at reconstructing Szymon Rundstein’s views on legal theory. Having proposed his meth- odology, the author analyzes Szymon Rundstein’s statements regarding both a legal norm, a cen- tral category in his considerations, and a normative system. In conclusion, it has been pointed out that although Szymon Rundstein takes a very rigorous approach to the normative assump- tion about the “purity” of the theory of law, he appears to be fascinated with phenomenology and frequently alludes to psychological theories. Specifically, many references alluding to Leon Petrażycki’s tradition can be traced in his writings. Thus, Szymon Rundstein’s theory of a legal norm modifies the normative assumptions of Hans Kelsen and is an original concept that was developed under the influence of many theoretical-legal views. It undoubtedly has a lot to offer and requires “re-reading”.

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Teoria normy prawnej Szymona Rundsteina - założenia wyjściowe