Analiza rozłożenia praw i obowiązków we wspólnotach w świetle złożonej korelacji kompensującej

• Published in: Archiwum Filozofii Prawa i Filozofii Społecznej Vol. 38; no. 1; pp. 71 - 82
• Main Author: Stoinski, Andrzej
• Format: Journal Article
• Language: English; Polish
• Published: Association for Philosophy of Law and Social Philosophy - Polish Section of the IVR 2024; Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
• Subjects: History of Philosophy; Social Philosophy; justice; complex compensatory correlation; community; Hohfeld; rights; duties
• ISSN: 2082-3304; 2082-3304
• DOI: 10.36280/AFPiFS.2024.1.71

The article examines the distribution of rights and duties of justice among entities of unequal status in their mutual relations in communities. The analyses are performed from the perspective of complex compensatory correlation, which is a dicaiological modification of the Hohfeldian legal rights correlation model. The first thesis of the article asserts that alignment of the rights and duties of entities in accordance with the compensatory correlation scheme is a necessary condition for justice in community relations. The second thesis states that an increase in the welfarist positive rights of some citizens is accompanied by an increase in the rights of the government. These proposals are juxtaposed with the image of rights and duties within the family and political community. In the case of entities in family relationships and in some political community relations, one can observe a balance between the rights and duties assigned to them. However, there are also interactions in which some entities have double duties and others have double rights, and therefore, we cannot find there a pattern suitable for a complex compensatory correlation. In such cases, there are deficiencies in the sphere of justice.