The paper poses a significant question concerning legal reasoning – how are interpretative hypothesis created, and in particular how can they be justified. The main thesis claimed is that these questions may be answered with the use of topical and hermeneutic categories, especially preunderstanding, hermeneutic circle or consensus, and also with the anti-positivistic, anti-systematic and anti-formal position which is common to both topic and hermeneutic philosophical doctrines. This leads to the adoption of an "open legal system". The paper defends the (...) thesis claiming a common relationship between both doctrines in legal philosophy, which results in accepting the term "the topical-hermeneutic context of legal discovery". (shrink)

The chapter provides an analysis of the concept of the dignity of the person in Polish legal culture. It begins with a brief description of the historical background in which the legal status of human dignity has been framed. Then it turns to the analysis of the philosophical doctrines which have shaped the concept, in particular those which influenced Polish legal scholarship to the highest degree. The subsequent section attempts to clarify the meaning of the concept, specifying its features and (...) providing distinctions between dignity of the person and dignity of personage. Finally, the chapter presents the protection and respect of the dignity of the person in Polish legislation. (shrink)