Krytyka Prawa. Niezależne studia nad prawem

When Justice Merely Becomes Intuition. On the Threats Related to the Application of Article 58 § 2 of the Civil Code in Social Security Law

Zomerski, Wojciech

Uniwersytet Wrocławski

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Abstrakt

The main aim of this paper is to consider the acceptability of application of Article 58 § 2 of the Polish Civil Code in the social security law in the regard to employment contract with pregnant women from the point of theory of justice. I argue that application of Article 58 § 2 of the Polish Civil Code resulting in exclusion of pregnant women from social security system not only might be doubtful from the constitutional law perspective, but it is also problematic from the point of view of the concept of justice realized by social security law. In the first part I recall in short basic typologies and definitions of justice. This leads to the observation, that although in philosophy there is no one understanding of justice, this notion has a long and established tradition. In following parts I ana- lyze which concepts of justice are being realized by constitutional law, civil law and social security law. I argue that as constitutional law and social security law deal mostly with distributive justice, civil law realizes mostly commutative justice, which also concerns Article 58 § 2 of the Polish Civil Code. In the last part I demonstrate consequences of applying Article 58 § 2 of the Polish Civil Code in the social security law on the example of pregnant women being excluded from the social security system. This is followed by the final conclusion that although also for lawyers notion of justice has a long tradition, it is often im- posed in spite of "locally" realized types of justice, which leads to unwelcome and unforeseeable consequences.

Metadane

Czasopismo Krytyka Prawa. Niezależne studia nad prawem 
Tom 10 
Numer 3 
Data wydania 2018 
Typ Article 
Język en
Paginacja 317-337
DOI 10.7206/kp.2080-1084.244
ORCID Zomerski, W.: 0000-0001-5740-723X
ISSN 2080-1084
eISSN 2450-7938