Kazimierz Opałek Selected Papers In Legal Philosophy

Mutual Expectations This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons.The law persists because people have reasons to comply with its rules.

But what do we refer to when we speak about ideals in the context of law? The Concept of Ideals in Legal Theory Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values.

The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation.

According to some, the best way to know which is the more impartial solution is to resort to a process of collective reflection: in those situations we have to consider the opinions of all those who are possibly affected.! Thus, the quest for impartiality tends to be a common objective for most of us, although we normally disagree on its particular contents. It is not unusual that formal and informal discussions about the political system, its virtues, and its many defects, conclude in a discussion about impartiality.That is to say, simply, that in these situations we begin to disagree about best procedure to defme the more neutral, impartial solution for all of us.

According to some, the best way to know which is the more impartial solution is to resort to a process of collective reflection: in those situations we have to consider the opinions of all those who are possibly affected.That is to say, simply, that in these situations we begin to disagree about best procedure to defme the more neutral, impartial solution for all of us.! Thus, the quest for impartiality tends to be a common objective for most of us, although we normally disagree on its particular contents.