Law and Creativity

Abstract

The main subject-matter of this paper is the conceptions of natural law and their position in the post-war reflection on the law in Poland. The author emphasizes unwillingness with which Marxist theory of the State and law (which has been binding until recently) treated both the philosophy of law and any conceptions of natural law. She pinpoints an unnatural easiness with which former Marxists refer to the terms, concepts and conceptions which they once fought with. Presenting various reasons of misunderstanding, which have grown around natural law, as well as various ways to understand it, the author pinpoints the fact that the conceptions of natural law have at their base a definite conception of man. She also spurns a common opinion about the positivistic and legal foundation of Hitlerism, pinpointing H.H. Dietze’s conception of national socialist law of nature.

According to the author the law of nature fulfills in social life an analogical role to one’s own ideal in individual life. The process of creating positive law has in her approach a creative character and falls, among other things, under the influence of legislator’s standing on natural law and nature of man. At the foundations of this process there lies an intuitive sense of justice.