Krytyka Prawa. Niezależne Studia nad Prawem

The Concept of Negative Integrity: A Call for Philosophical Re-emergence of the Impeccable Judiciary

Kozłowski, Tomasz

Wyższa Szkoła Biznesu – National Louis University

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Abstract

The main purpose of the presented research project is to prepare an initiating answer to the present state of judicial integrity recognised as the top of legal professions and the legal system as such. The method comes mainly from the Oxford analytical jurisprudence, nevertheless, the historical and interdisciplinary approaches, as well as a legal practice, were taken seriously into consideration. The main theses and their scientific standpoints are: (i) at present, we are facing the disintegration of integrity; (ii) one of the sources of it lies in the very grounds of major jurisprudential terms, understood as parts of the Hartian internal point of view and that there are fundamental analytical paradoxes of integrity, generating practical dysfunctionalities; (iii) it is possible to solve main problems through a completely new approach: an ontological turn in the philosophy of law causing the idea of law as a concept and a new concept of integrity, namely ‘negative integrity’. It could be easily and effectively treated as practical support for firstly improving judicial integrity and secondly legal practice in general.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 13 
Issue 3 
Issue date 10/2021 
Type Article 
Language pl
Pagination 47-63
DOI 10.7206/kp.2080-1084.471
ISSN 2080-1084
eISSN 2450-7938