While fascist ideology was subjected to comprehensive political or sociological analysis, the analysis of the legal order of fascist countries is much less frequently undertaken by scholars. Thinking about the law as a product and an element of human coexistence, in particular the relationship between “officials” who create legal provisions, and the addressees, can be extremely helpful in the course of research that aims to answer questions about the relationship of law and values. The major goal of this article is to reconstruct an axiology of fascist nations and to answer a question: which elements of this axiology are accepted in legal orders of European countries. The aim of the authors is to specify a range of elements characteristic for fascist ideology spreading in the legal systems of the contemporary European democracies and legal system of the European Union as well as specify dangers linked with it. Normally, the opinions referring to the fascist ideologies, penetrating the modern legal orders and lack of dangers linked with it, are based on myths. These myths have not been supported by investigations of the normative acts, jurisdiction and legal doctrine of the fascist countries with the help of methods accepted in legal research. The research aims to demythologize statements related both to axiology of the fascist nations, and axiology of the modern European democracies and legal system of the European Union. The goal is an identification of fascist ideology elements that can be appealing to the modern European democracies, particularly in terms of possible system formation, which realises the selected ideological assumptions accepted by the fascist countries.
Jun 15, 2021
Dec 3, 2020
|Demokratyczne systemy prawne a faszyzm : wstęp do studium||Jun 15, 2021|
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