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Psychologiczne i realistyczne ujęcie prawa: Petrażycki a Olivecrona

100%
Bunikowski D.
Roczniki Naukowe Wyższej Szkoły Bankowej w Toruniu
|
2011
|
issue 10
369-386
EN
The article concerns a concept of law in Leon Petrażycki's theory and Scandinavian legal realism (Uppsala school) represented by Karl Olivecrona. The author, explaining the concept of law, seeks connections between Petrażycki's theory and the ideas forwarded by the Scandinavians. According to Petrażycki, law is a psychological fact — a legal emotion in human mind, mentality. On the other hand, according to Olivecrona, law is a fact - a human behaviour which is determined by reality in the mind. The conclusion for lawyers is that law should be treated not only as a normative fact (legal texts) or axiological fact (values, principles), but also as a psychological fact (Petrażycki-legal emotions), and a behavioural fact (Olivecrona — human behaviour and reality in human mind). Polish theory of law and practice lack considerations of this type.
2

FORMOVANIE TEÓRIE SPOLOČENSKÉHO FAKTU

88%
Černík V.
Filozofia (Philosophy)
|
2008
|
vol. 63
|
issue 8
670-682
EN
The theory of the social fact faces the problem of differentiating between the ontological, epistemological and methodological aspects of the social fact. The discussion of the problem began when the naive realism has been criticized, and resulted in contrasting ontological constructivism and critical or scientific realism. A fact is the state or a change of the state of the object (thing for us), which are identified by the subject as something real and reconstructed in his mind in the form of true propositions about facts. The latter should be clearly distinguished from our beliefs about facts, which could be true or false. A social fact is the state or a change of the state of social system and human action. It serves as the basis of an integrative social explanation, which is a combination of the nomological explanation and humanistic interpretation. It is also necessary to distinguish between theoretical-methodological, valuation and ideological interpretations of the facts.
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