O tym czy nauka jest podmiotem tworzącym prawa

Abstract

The subject of the author’s considerations is the issue of science (doctrine) as the entity creating the law. In the course of the research the author compares the position of the dogmatic‑legislative disciplines that reflect the positivist vision of the law in force, with the statements of the authors who address a controversial issue of legal science as a source of law. He draws attention to the questions, which are most often neglected in the dogmatic and practical discourse, about the concept of ‘the source of law’, as well as about acceptable criteria for its application, in particular the prerequisite that the standard should be a constituent of the system. The author refers, inter alia, to the standpoint concerning the term of ‘the source of law’ presented by Leon Petrażycki, to the views of Jerzy Wróblewski, and to the developed normative concept of sources of law by Zygmunt Ziembiński. To conclude the conducted research, the author emphasizes that the recognition of science (doctrine) as the source of law must be based on the prior acceptance of specific characteristics of the law and its creation. Whether or not legal science will be recognized as an entity that creates law is largely dependent on the widely accepted model of creating the law the source of which lies in law science itself.