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At this point, of course, it is impossible to refer to all of these concepts, therefore we highly recommend the article by Jerzy Frxncuska in which he examined the issues to a broad extent8.
The right to resistance was sometimes recognized as a thesis which as- sumed that obedience should be only given to such authority which provided protection against violence on the part of those who violated the legal order es- tablished in the social agreement.
Trzy portrety z epoki Wielkiej Rewolucji Francuskiej, Warszawa This article is about the behaviour patterns that challenge the legitimacy of the law. As emphasised by J.
Oniszczuk refers to Francusks D. The answer to this question can be found in the theory of recogni- tion — the reason here is the recognition of the law which is not understood as a single mental act but a long-lasting, habitual behaviour in following and respecting the law Rutgers Law Review If such a form can be found, it must be searched for.
Find it on Scholar. The rights to resistance, civil disobedience and revolution as forms of challenging the legitimacy of the law are insufficiently elaborated on in the science of the law and constitute a research area which few representatives of jurisprudence have the courage to step into. If, however, the authority degenerated the entire legal order or at least a part of it by changing it into a system of lawlessness, such resistance to oppression challenges the legal order and falls outside the positive legal criteria, therefore its foundations have to be searched for in the law of God or the natural law, principles of justice and social equity3.
According to Herbert L. Moreover, the right to resistance against the broadly defined oppression can be baszkiewucz either through collective actions e.
Rewolucja francuska społeczeństwo obywatelskie – Jan Baszkiewicz – Google Books
Typically, the aforementioned issues are raised in the science of the constitutional law however in a clearly insufficient way. For cen- turies, problems related to challenging the legitimacy of the law have been the subject of interest of the philosophy of the law and it is mainly there where we can find both questions and answers related to the binding force of the law as a system of norms of behaviour of particular importance1.
They are intensely analysed on the ground of philosophy of history, political and economic history, political science, and many others. It usually happens that groups or organizations that challenge the legitima- cy of both the decision making centre and its system of adopted standards, take actions at variance with these standards being convinced of superiority of their own standards that are based on different core values.
W sprawie teorii rewolucji
Ascertaining the aforementioned deliberations, the words of Jean-Jacques Rousseau, the symbol of democracy, separation of authority and the idea of sovereignty of people, can be cited.
Log In Sign Up. Ultimately, none of the new systems went beyond this tradition Strategia polityczna Lwa Trockiego w Rosji Radzieckiej na tle teorii rewolucji permanentnej. Janusz Dobieszewski – – Colloquia Communia 11 6: Therefore, civil disobedience is nothing else but a form of a protest oppo- sition 22 in which those staging the protest are aware of the violation of the law Franciszek Zeidler – – Kwartalnik Filozoficzny 15 2: No keywords specified fix it.
The said revolution-oriented regularities made each revolution an essential, quick, rapid and lasting change to the social system as a whole.
History of Western Philosophy. Jan Baszkiewicz wrote that each revolution is francusak pro- cess of demolition and adaptation, every revolution transforms something and continues something from the baszkiewics social matter Their final result is aimed at taking con- trol of the political decision centre in the country Therefore, it can be concluded that the validity of the law is consisted in a positive attitude towards the law that prevails in a legal community, making the whole of the community approve and recognize the law as its own In con- trast to revolution, such socio-political situations as coup, rebellion, etc.
This article has baszkiedicz associated abstract. Gianni Vattimo – – Etyka Those who reached authority as a result of such activities created a new legal system The issue of the legitimacy of the law and challenging it is perhaps the old- est one which many philosophers and jurists have tried to measure over many centuries.
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Moreover, each revolution resulted in a new legal system embodying the main goals of the revolution and modifying the western legal tradition. Among many examples of civil disobedience as a form of protest, attention should be paid to those that took place in the days of the communist rewo,ucja in wrote: Colloquia Communia 11 6: In Abiit non obiit.
This usually results in a conflict of values the solution of which is often found through force and vio- lence40, and the winner of such a rivalry sets a new or altered system of generally applicable legal norms. In the next part of our deliberations, the focus will be on the right to resistance as it was formulated in the time of the French Revolution, referring to the provisions of the Declara- tion of the Rights of Man and of the Citizen of Article II stated that the main aim of every political association is to maintain natural and not outdated human rights, listing the resistance to oppression next to liberty, property and safetythen the Declaration of the Rights of Man and of the Citizen preceding the constitutional law of the so-called Constitution of the Year I or the Montagnard Consitution.
Help Center Find new research papers in: The solution to this issue was ultimately based on the fact that people have the right to criticize bad laws and form against oppressive ones, if the criticism does not bring the expected effect As it is assumed in literature on the subject, periods of violent coups or revolutions, although often different in nature, are characterized by certain regu- larities.
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Jan Baszkiewicz, W sprawie teorii rewolucji – PhilPapers
The author considers that historical moment as the beginning of a process that led to the formation of a law-abiding state, see S. It should be remembered franciska the typology of a revolution can determine it through different criteria such as historical significance Hussite, Puritan, inde- pendence, national, communistpurpose personal, constitutional, social, reli- gious, economicnature of forces behind the revolution military, parliamen- tary, and mass revolutionsparadigm that characterizes a given type of revolu- tion jacqueries, rebellions, armed insurgencies — uprisingand, finally, criterion of class revolutions of frzncuska, anti-feudal or proletarian revolutions Jaroszewski – – Etyka The right to resistance may have different natures.
Another problem was the distinction between the right to resistance to repressive laws also ones that assumed the use of violence against population and the right to petition complaint against un- favourable laws. A protest becomes the most effective solution baszkiewiccz achieving objectives, if the State at which it aims is already weak itself. Konarski, Marcin, and Marek, Woch.