Prawo a filozofia człowieka – ujęcie metodologiczne

Abstrakt

The paper entitled “Law and Philosophical Anthropology – Methodological Approach” has several objectives. My primary aim is to establish logical relation between philosophical anthropology and law. It is important to point out, that deductive relation between anthropology and law is fals. I propose reductive model of the logical relation. Having the fact of existence of promulgated law, legal philosophy explains the fact in the ontological, epistemological and axiological aspects.

Next, I want to overcome two dominant traditiones in the study of legal philosophy: “from philosophy to law” or “from law to philosophy”. I argue that we should go toward more satisfactory version, which I call autonomous legal philosophy. On my view, the legal philosophy is neither a branch of the metaphysics nor a branch a of the theory of law. We should remember, that legal philosophy has same specific questions: what is law?, how and why law exist?, what are the aims and functions of law? These questions have its own methodological status. Theory of law does not formulate its questions on such level.

In the end of this paper I describe by introspection the mental states in their own mater. From fenomenological point of view the human being has first-person ontology and exists as a subject of action, culture and law.