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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

Philosophy of law: between the letter of the law and the idea of equity

This article provides a profound analysis of the fundamental tension in jurisprudence, between the rigid letter of the law and the flexible spirit of justice. The author uses the evocative metaphor of the twelfth camel to illustrate the role of equity in resolving problems beyond the scope of the dry letter of the law. The text guides the reader through a major 20th-century debate, contrasting the positions of Hart, Radbruch, and Fuller, particularly in the face of totalitarian systems. Specific ethical dilemmas are also addressed, such as the case of the denunciator Puttfarken and the Carneades plank, as well as contemporary conflicts between law and religious freedom, illustrated by the example of ritual slaughter. This is a compendium of knowledge about how law strives to be the art of doing what is good and just.

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