Incest as an example of a conflict between natural law and positive law
This paper discussed incest as an example of a dispute between natural and positive law. An analysis of Art. 201 of the Polish Penal Code was conducted through the prism of legal goods, which, according to the doctrine, Art. 201 is supposed to protect. The article assessed the prohibition of incest...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Polish |
| Published: |
Lodz University Press
2018-12-01
|
| Series: | Acta Universitatis Lodziensis Folia Iuridica |
| Subjects: | |
| Online Access: | https://czasopisma.uni.lodz.pl/Iuridica/article/view/3952 |
| _version_ | 1819144740489134080 |
|---|---|
| author | Jan Okoński |
| author_facet | Jan Okoński |
| author_sort | Jan Okoński |
| collection | DOAJ |
| description | This paper discussed incest as an example of a dispute between natural and positive law. An analysis of Art. 201 of the Polish Penal Code was conducted through the prism of legal goods, which, according to the doctrine, Art. 201 is supposed to protect. The article assessed the prohibition of incest as a kind of legal and natural norm, both from the point of view of the classic, maximalist concept of natural law and H.L.A. Hart’s minimum content of natural law. The article then refers to a significant lack of universality of penalization of this phenomenon across legislations of other European states. The author assumed that the Polish statutory penalization of incest met the conditions of the concept of the minimum content of natural law. Therefore, it may be treated as an expression of the legislator’s acceptance of the protection of moral principles, which are present in Polish culture. |
| first_indexed | 2024-12-22T12:46:56Z |
| format | Article |
| id | doaj.art-c9607efefac4466c96a7580bd0df80ce |
| institution | Directory Open Access Journal |
| issn | 0208-6069 2450-2782 |
| language | Polish |
| last_indexed | 2024-12-22T12:46:56Z |
| publishDate | 2018-12-01 |
| publisher | Lodz University Press |
| record_format | Article |
| series | Acta Universitatis Lodziensis Folia Iuridica |
| spelling | doaj.art-c9607efefac4466c96a7580bd0df80ce2022-12-21T18:25:18ZpolLodz University PressActa Universitatis Lodziensis Folia Iuridica0208-60692450-27822018-12-0185637010.18778/0208-6069.85.053046Incest as an example of a conflict between natural law and positive lawJan Okoński0Uniwersytet Łódzki, Wydział Prawa i AdministracjiThis paper discussed incest as an example of a dispute between natural and positive law. An analysis of Art. 201 of the Polish Penal Code was conducted through the prism of legal goods, which, according to the doctrine, Art. 201 is supposed to protect. The article assessed the prohibition of incest as a kind of legal and natural norm, both from the point of view of the classic, maximalist concept of natural law and H.L.A. Hart’s minimum content of natural law. The article then refers to a significant lack of universality of penalization of this phenomenon across legislations of other European states. The author assumed that the Polish statutory penalization of incest met the conditions of the concept of the minimum content of natural law. Therefore, it may be treated as an expression of the legislator’s acceptance of the protection of moral principles, which are present in Polish culture.https://czasopisma.uni.lodz.pl/Iuridica/article/view/3952kazirodztwoprawo naturalneprawo pozytywneprawo karneHart |
| spellingShingle | Jan Okoński Incest as an example of a conflict between natural law and positive law Acta Universitatis Lodziensis Folia Iuridica kazirodztwo prawo naturalne prawo pozytywne prawo karne Hart |
| title | Incest as an example of a conflict between natural law and positive law |
| title_full | Incest as an example of a conflict between natural law and positive law |
| title_fullStr | Incest as an example of a conflict between natural law and positive law |
| title_full_unstemmed | Incest as an example of a conflict between natural law and positive law |
| title_short | Incest as an example of a conflict between natural law and positive law |
| title_sort | incest as an example of a conflict between natural law and positive law |
| topic | kazirodztwo prawo naturalne prawo pozytywne prawo karne Hart |
| url | https://czasopisma.uni.lodz.pl/Iuridica/article/view/3952 |
| work_keys_str_mv | AT janokonski incestasanexampleofaconflictbetweennaturallawandpositivelaw |