Philosophy of Law and Difficult Cases: Between the Letter and the Spirit

This article provides a thorough introduction to legal philosophy, focusing on the phenomenon of hard cases, where the letter of the law conflicts with the sense of justice. The author analyzes the classic debates between legal positivism and natural law concepts, citing Hart, Dworkin, and Fuller. The text goes beyond pure theory, incorporating perspectives from cognitive psychology, the economic analysis of law, and contemporary Polish case law. Through the metaphor of the twelfth camel, the reader is introduced to judicial dilemmas in which linguistic interpretation proves insufficient, necessitating recourse to general clauses, the principle of proportionality, and legal prudence. This is an essential compendium for anyone seeking to understand how ethics and morality shape the foundations of the modern legal system.