Reguły prawne Dekalogu : według polskich przekładów

Abstract

In the present article the author asserts that the Decalogue, as a system of religious and morał principles, analysed in the light of the theory of the language of law, proves to be both the model and the criterion of the assessment of positive law. She claims, that the introduction to the Decalogue (preamble) declares the axiology of the God’s Law, whereas the main body of the text establishes principles of action of man with relation to God as well as of the mutual man to man relations, which are conditioned by complementary rules of obligation and duty. The author analyses Polish translations of the Gods commandments, from the Middle Ages till the present. In each translation, using the method of linguistic analysis of the text, she proves the subjective treatment of the performative statement of the preamble, in spite of differences in emphasis of the references to God, the Maker of Law. She also points out the way in which the subjectivized relations that guarantee the good of the person acting as well as of these persons whose action is the object of the established law in agreement with the accepted conditions of Covenant, were programmed in the main body of the text. As a result of interpretation of the content of the Decalogue, she demonstrates that the semantic fields of modality place the duties of the legał subjects at two extreme points: yes-now; therefore, the text of the commandments explicitly establishes the permitted and the prohibited spheres of human activities, with the use of guarantee and preventive means, fulfilling the protective function of legał order. Pragmatic analysis of the relationship between legał subjects proved, that the regulatory power of commandments with relation to God is justified by the cause and the duties regarding parents by intention, whereas the first commandment as well as commandments six to ten, apply categorically. The author recognized formal and content relations of the semantic structure of the language of the Decalogue and the Polish legislature, namely the representative texts of the statutes of Casimir the Great and the Polish constitutions, in which the secular legislator presupposes application of the primary moral-ethical principles, which are indeed the commandments of the Decalogue.