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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

The common good: between the dignity of the person and the interest of the state

This article provides an in-depth axiological analysis of the concept of the common good, set within the context of the Polish constitutional order. The author begins with a fundamental dispute over the interpretation of Articles 1 and 30 of the Polish Constitution, asking whether the common good is a value prior to the legal text or merely derivative thereof. The text juxtaposes classic economic theories, such as Garrett Hardin's tragedy of the commons, with Elinor Ostrom's polycentric model of cooperation, allowing for a broader perspective on resource management. A key element is the presentation of the 'common good test' as a tool for monitoring legislative power, distinguishing the pure legality from the moral legitimacy of state actions. Comparative legal systems and an analysis of contemporary challenges related to the global common good complement the discussion, making the text an indispensable compendium for scholars of law and political philosophy.

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