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Title:

An entrepreneur in the light of the personalist concept of public administration

ORCID:

0000-0001-5305-8239

Subject and Keywords:

personalism   entrepreneur   public administration   principle of subsidiarity   principle of solidarity

Description:

Tyt. tomu: Państwo a przedsiębiorca — aktualne wyzwania

Abstract:

In the nineteenth century, personalistic thought was initiated. For the social and legal order, the views of Emmanuel Mounier (1905–1950) and Jacques Maritain (1882–1973) are the most impor-tant. The first stated that the human person is the only reality that we learn and create from within. A human may be in personal and material relations, but only the first of these work in his favor. Maritain strived for personalism to permeate social life. He saw in man two dimensions: man as an individual and man as a person. The human person is the limit of law. The concept of human rights expressed in the Universal Declaration of Human Rights of December 10th, 1948 flows from perso-nalist thought. The personalist concept of public administration is about writing down the principle that man as an individual is subordinated to the state, but as a person he dominates over the state. Personalism differs from individualism in that man fully realizes himself among other people, creating communities. Among the administrative and legal consequences of personalism, one can point to the principle of subsidiarity, which implies the principle of state trust in the citizen, including the entrepreneur, and the principle of social solidarity. The statutory implementation of the state trust principle in the citizen are general principles of the Law of Entrepreneurs (principle of presumption of entrepreneur integrity, principle of friendly interpretation of legal provisions, principle of settling factual doubts in favor of the entrepreneur). The principle of solidarity implies the obligation of the entrepreneur to act for the common good. An example of a practical approach to economic matters may be the solutions proposed by the Talmud, in which, in relation to commercial activities, individuals are freed from unnecessary public intervention, trusting the integrity of its members, and, recognizing society as acommunity of persons, the possibility of arbitration is allowed.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2019

Date copyrighted:

2019

Identifier:

ISSN 0524-4544   ISSN 0239-6661

DOI:

10.19195/0524-4544.329.12

Source:

PAd P 101182 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3977. Prawo, ISSN 0524-4544, 2019, 329, s. 145-156

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Autor opisu:

WR U/PAdbg