Publication details
System der Rechtsphilosophie in gekürzter Darstellung
| Title in English | System of Legal Philosophy in Concise Form |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Monograph |
| Citation | |
| Description | In the 1980s, Vladimír Kubeš (1908–1988), originally a civil law scholar, later a constitutional lawyer and above all a legal philosopher, completed his “masterwork” System der Rechtsphilosophie in gekürzter Darstellung (System of Legal Philosophy in Abridged Form), which he wrote in German, as there was no prospect of it ever being published in socialist Czechoslovakia. The first part of this work is devoted to the conceptual definition of legal philosophy, its tasks, and its delimitation from the individual branches of legal science. In the second part, Kubeš discusses the fundamental starting points of legal philosophy. The third part deals with the ontology of law, while the fourth part is dedicated to the theory of law. The final fifth part focuses on the axiology of law. The book concludes with a reflection on the meaning and purpose of law and demonstrates that only law can ensure the future of human society. Originally associated with the Brno school of normative theory, Kubeš managed to partially break away from its framework and develop his own conception of legal philosophy. His approach, influenced by Schopenhauer, Hegel, and especially by Nicolai Hartmann’s theory of the stratification of being, introduced a new perspective into the legal philosophy of the time. Although legal philosophy has evolved significantly in other directions over the nearly fifty years since the composition of this monograph, Kubeš’s ideas remain inspiring and offer valuable insights for today’s debates about law and its role in society. |