Open AccessSystemowość aksjologiczna prawa
Author(s) -
Marzena Kordela
Publication year - 2016
Publication title -
acta universitatis wratislaviensis. przegląd prawa i administracji
Language(s) - English
Resource type - Journals
ISSN - 0137-1134
DOI - 10.19195/0137-1134.104.6
Subject(s) - legislator , rationality , law , coherence (philosophical gambling strategy) , political science , value (mathematics) , law and economics , sociology , computer science , legislation , physics , quantum mechanics , machine learning
AXIOLOGICAL COHERENCE OF LAWLaw, qualified as a system, is characterized as such not only due to formal and content relations but also due to axiological relations. The assumption of legislator’s rationality predetermines that by establishing legal norms the legislator is guided by a cohesive, hierarchical and relatively stable system of values axiological rationality. By introducing a given value into a system of law the legislator makes it a value in legal force with all the consequences, e.g. one that regulations of a inferior legal force may not be in disagreement with it. Legal values themselves constitute a system and this coherence is recreated in narrower areas, as e.g. in branches hence value systems in criminal law or in civil law.