Kilka tez o instrumentalizacji prawa i ochronie przed nią

Abstrakt

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.