Formalna i materialna tożsamość systemu prawa

Abstrakt

The aim of the article is to show that exclusively formal criteria are not sufficient to establish the identity of a legal system. The concept of identity of a legal system proposed by Joseph Raz, as a prominent representative of a positivist tradition, is presented and criticized. The more abstract, norm-based approach in legal philosophy is also criticized for neglecting the very important feature of law, which is its profound impact on human existence. The different approach to the question of the identity of the legal system, considering both formal and material criteria of identity, is proposed.