Pozytywizm prawniczy a zasada słuszności

Abstract

The purpose of this article is to analyze the relationship between legal positivism and the principle of equity. A cursory examination of these two concepts can lead to the conclusion that the answer to the question of the existence of a relationship between them can only be negative. Classic legal positivism is in fact directed against the concept of natural law that links the validity of the laws with the fulfillment by them basic moral standards. However, modern positivism occurs in two clearly different guises. „Soft” legal positivism assumes that the legal systems take the moral values, including principle of equity, which are the criteria of the law. The indication within the legal positivism of his „soft” version alleviates acute dichotomy „positive law” – „natural law”.