Abstrakt: | The article constitutes an original and interesting reflection of an outstanding theoretician
of law on law-man relations. The author shows an ambivalent attitude to law as a result of its
appreciation, emphasizing at the same time an important role of law in the European civilization.
Asking whether law is a good companion for man, Sobański admits that the very question is not
purely abstractive as it derives from the observation of the reality. This ambivalence in relation
to law is explained as the result of appreciating the very law.
The history of law is at the same time the history of controversies around the notion of law
and its nature. Though, the fact that law exists is not controversial itself. Law is understood
differently and the way of conveying law (in an oral or written manner) is also different. The
author underlines that law is a tool of justice, namely a means of executing justice. He refers to
the representatives of the Roman law, and stops at the understanding of the statement “I have a
right”, analyses Ulianov’s definition of justice (law can be a tool of justice if the will of justice
exists). Next, he points to the pressure touching the whole law practice: law takes into account
readiness for perceiving posteriori whereas it makes sense only when it is possible to execute this
perception. He pays attention to the causes of discrepancies between law and life (lack of agreement
when it comes to the notion of justice). His conclusion is that law is a good companion of
man when he/she wants to live a peaceful life. |