SOME THESES CONCERNING THE INSTRUMENTALISATION OF LAW AND PROTECTION AGAINST IT
Using the concept of instrumentalisation of law developed in Polish jurisprudence, the author of the article:
— points out that the instrumentalisation of law can be attributed to various entities: the legislator, those interpreting the provisions of law, those applying the legal norms as well as the authors of the legal doctrine;
— distinguishes forms of instrumentalisation by each of these entities;
— points to dysfunctional acts of instrumentalisation;
— demonstrates some mechanisms counteracting the instrumentalisation of law, mechanisms that are to be found in the very concept of law as developed in Western culture.