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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

Law and Logic: Stone's Trilogy and the Limits of Formalism

This article addresses the limits of formalism in law, drawing on the work of analytical jurisprudence and the critical thought of Julius Stone. The author analyzes how the traditional pursuit of logical purity, exemplified by Kelsen and Austin, clashes with judicial practice and the phenomenon of illusory reference. The text discusses in detail errors of logical form and exposes the mechanisms by which judges, under the guise of pure deduction, make actual axiological choices. By introducing concepts such as 'possible law' and the proportionality test, the publication highlights modern models of argumentation essential for resolving hard cases. This is an important contribution to the discussion on the role of metalinguistic logic and the balancing of goods in the fair application of law, defining the framework between formal rigor and the ethical responsibility of the adjudicator.

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