Kryzys praworządności. Perspektywa antropologiczna

The hypothesis discussed in the article is the claim that the crisis of the procedural dimension of the rule of law observed both in Poland and Europe, is associated with an earlier and profound erosion of the substantive dimension of the rule of law. Being aware that behind every political theory, there is a certain anthropological conviction, the “process of proof ” intended here is carried out precisely with regard to the anthropological problem. In the first two paragraphs, the author reveals the classical understanding of the rule of law and the anthropology on which it is based. The thesis of this section is that from the beginning of the idea of the rule of law, its formal (procedural) dimension was inseparably linked to the material (substantive) dimension. The third and fourth paragraphs discuss the essence of the reduction of the rule of law to the formal dimension and its anthropological conditions and consequences. The thesis of this section is that the positivist-legalist reduction of the meaning of the rule of law is related to anthropological change. The fifth paragraph shows how this “new” anthropology strikes today at the rudimentary pillars of a substantively understood rule of law, which makes it possible to address the hypothesis in conclusion.