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From viewpoint of legal positivism the limits of the positive law in the modern period have been determined on the basis of formal criteria that have been included by the legal science under the 'sources of law' and 'rule of recognition' concepts. From Radbruch formula the content and value elements penetrate into the definition of the positive law, the increase of which has hitherto culminated in the understanding of legal principles as the source of law and in the framework of the EU law. This development contributes to the uncertainty as regards the limits of positive law and to the decrease of transparency of its structure.
The aim of the study is to compare T. Hobbes' and H. L. A. Hart's remarks concerning theories of language and the emphasis of the role of linguistic questions in the ideological systems of the two philosophers, demonstrating that their views on the language are considerably related to considerations concerning the law.
Nature of law is about elements, which law necessarily comprises. Legal positivism and non-positivism are conceptions about the nature of law. Due to the fact, that many constitutions have their sources in natural law conceptions, it’s not correct to think, that some conception of natural law has direct effect on the interpretation and the application of positive law. Connection between some conception of nature of law and legal practice is best described by correlation thesis, according to which these conceptions may at best have some influence on the interpretation of law in some cases, but its impact is usually not automatic and direct, if any. Opinions about the nature of law form part of pre-understanding of a judge and it’s the study of legal philosophy, which can help to make implicit presumptions explicit and subjected to critical reflection.
The main question this article attempts to answer concerns the nature of conditions that would signal the possibility of reemergence of totalitarianism in the Western civilization. The article focuses on socio-psychological consequences of new systems and technologies of surveillance that regulate access to various - state, public, market, private etc. - spaces of choice and opportunity. A notable by-product of these systems can be described in terms of information clusters that assume a role of our virtual clones, or external surrogates, of ourselves. In everyday life, their condition may have even more significant practical consequences for us than the state of our proper self. The article analyses the potential analogies between the virtual clones and the secret files of totalitarian regimes. It also proposes a new concept of surveillance-directed character type, thereby extending David Riesman's classical typology of social types. Other issues explored in this article include: the potential of new technologies to merge and centralize diverse data systems; social atomization and a tendency to replace social spaces with new forms of fictitious, virtual reality; post-totalitarian tendency to negate epistemological distinction between truth and falsehood; and the preference of multi-cultural societies for replacing moral normativity with procedural liberalism. One of important, though paradoxical, effects of these processes in Western democracies is strengthening of authority of the knowledge generated by secret services and other risk-defining agencies. This leads to extreme cognitive-legal positivism which is an important element of rapidly expanding surveillance culture..
A man lives in the world and the development of his personality is dependent on his environment. We are formed by individual cells of the society and the recognition is the way how they accept us, how we perceive ourselves. Our personalities, our identities are influenced by education offered to us by our environment which has been to some extend chosen by us, by educational system and legal environment. The others are significant to us - they influence the way we see the world and it is questionable how our own identities are influenced by us. We live in a world, which is dependent on a dialogue. Our perception of the world is not the only one and therefore we meet various perspectives how to look at different cultures and eventually on their rights, as well. In spite of us admitting individual differences, we accept antidiscrimination measures and laws that only get the bred in danger under protection but in no way do they create conditions for reasons why we should respect the others. In spite of us inspiring and enriching our perspectives, we only seek universal features which can eventually justify whatever of our interventions into cultures which we do not understand at all. A dialogue must be based on the recognition, including recognition of the rights.
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