The ideal of legality in Philip Selznick’s theory of law

Abstract

The paper aims at reconstruction of the basic tenets of Philip Selznick’s theory of law. The focal point of this theory is the concept of legality, which forms the moral ideal of law. Legality is interpreted here in a non-positivistic manner, as an aspiration to limit arbitrariness of power and to enhance reasonable deliberation. The ideal, which shows affinity with a republican tradition, determines the scope of responsibility and the role of law in a political community. Such a view is relevant, among others, in the context of the current Polish disputes about law’s legitimacy and authority.