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2020 | 23 | 111-139

Article title

Социально-волевая теория позитивного национального правопорядка в учениях варшавских юристов 1807–1831 годов

Authors

Content

Title variants

EN
Socio-volitional Theory of Positive National Legal Order in the Teachings of Warsaw Lawyers in 1807–1831

Languages of publication

Abstracts

EN
The article considers the formation of the idea of national legal order in the teachings of Warsaw lawyers in 1807–1831 as a positive, concrete-social, formed on the basis of the realization of the will of society to state building and law-making. It is shown that the period under consideration is characterized by the formation of a new quality of thinking of lawyers who sought to master the world of law on non-metaphysical, positivist, social worldview bases. And the main element of the first conceptualized strictly legal picture of the world became the national legal order. The social-volitional theory of Warsaw lawyers proclaimed the conscious creation of law by the people through the collective will as the realization of individual and collective freedom to meet social needs and to realize the ideals. Th e presumptions of this theory were: the equality of peoples as bearers of public will, their right to determine the form and content of their laws, as well as the demand for statehood as a political self-determination of the people.

Year

Volume

23

Pages

111-139

Physical description

Contributors

References

Document Type

Publication order reference

Identifiers

Biblioteka Nauki
1401316

YADDA identifier

bwmeta1.element.ojs-doi-10_48269_2450-6095-sdpipp-23-006
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