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Jan Baszkiewicz, W sprawie teorii rewolucji – PhilPapers
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. In his reflections, J. Rutgers Law Review Sabl, Looking Forward to Justice: The goal of this disobedience is the essence as it is all about making knowledge of the unjust law public, appealing to social consciousness [ Ultimately, none of the new systems went beyond this tradition Franciszek Zeidler – – Kwartalnik Filozoficzny 15 2: 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 Firstly, the right to resistance to oppression, there- fore against violence, cannot be subordinated to any legal forms which, in turn, are placed in the context of legality, because as Maximilian Robespierre said himself, when oppressive rights are at stake, people cannot wait for legal proce- dures to be implemented If so such approval and recognition is present, the community may have a negative attitude towards the law and challenge its validity through the aforementioned forms.
Sign in Create an account. However, apart from strictly political protests, there were social protests directed primarily against particular initiatives of communist authorities, such as e.
In con- trast to revolution, such socio-political situations as coup, rebellion, etc. In turn, the provision of Art.
Challenging the legitymacy of the law | Marcin Konarski –
Typically, the aforementioned issues are raised in the science of the constitutional law however in a clearly insufficient way. Colloquia Communia 11 6: Another problem was the distinction between the right to resistance to repressive laws also ones that assumed the baskiewicz of violence against population and the right to petition complaint against un- favourable laws.
Gandhi defines civil disobedience as the purest type of a constitutional campaign. Wprowadzenie do teorii polityki. What is more, each one sought legitimacy in the fundamental law, distant past and the apoca- lyptic vision of future.
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.
Grzybowski, that the issue of the right to resistance dates back to the Middle Ages, citing the reasons for baszkiewicx adoption of the Magna Carta, as an expression of a political compromise with the resisting state of nobility led by aristoc- racy, in England as an example.
Strategia polityczna Lwa Trockiego w Rosji Radzieckiej na tle teorii rewolucji permanentnej. basakiewicz
The following considerations are aimed at indicating basic theses to be coped with by a modern researcher focused on these socio-legal phenomena. They are intensely analysed on the ground of philosophy of history, political and economic history, political science, and many others.
Click here to sign up. 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.
The history of resistance against the law has its centuries-old origin, and apart from the already mentioned Hobbes, many thinkers before and after the author put special attention to the problem7.
Rossmanith, Warszawa21— Whereas, in the case of the institution of an official derogation from the law, the procedure: Robespierre, brought the most comprehensive and far-reaching development of the idea of the right to resistance, strengthened by the Montagnard Declaration of the Rights of June 24,according to which: Problem rozumienia innego w hermeneutyce i teorii systemu.
Help Center Find new research papers in: Ultimate- ly, however, regardless of the adopted classification type, a revolution involves a change to the political system that brings a number of legal-institutional modi- fications, which undermine an existing legal order and legitimacy of norms of behaviour with characteristics that are generally applicable on the territory of a given state community.
For the needs of our research, we will assume that it means a fast and armed capture of the political decision making centre in the country by orga- nized groups or political parties, which had fought the centre explicitly or con- spiratorially, with strong support of materially underprivileged masses Edit this record Mark as duplicate Export citation Find it on Scholar Request removal from index Translate to english Revision history.
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