From Paul Vladimiri to Gustavo Zagrebelsky. Constitutional justice in the age of hybrid warfare

Andrzej Kobyliński

DOI: http://dx.doi.org/10.21697/2017.53.3.05

Abstrakt


Paul Vladimiri (1370–1435) was a distinguished Polish scholar and jurist who defended the rights of Poland and native non-Christian tribes against the Teutonic Knights and their policies of conquest. He expressed the view that a world guided by the principles of peace and mutual respect among nations was possible, and that pagan nations had a right to peace and to possession of their own lands. Vladimiri’s analysis of the right of native peoples to self-determination anticipated by several hundred years the investigations of many subsequent authors – including Francesco Vittoria, Bartolome de Las Casas, Hugo Grotius, and John Marshall. The influence of his views can be seen today, among others, in the theory of constitutional justice developed by the Italian legal theorist Gustavo Zagrebelsky. The main purpose of this article is to outline the views of Vladimiri and Zagrebelsky, and to analyze the principles of constitutional justice in its global dimension as a tool for resolving conflicts between states in the age of hybrid wars.

Słowa kluczowe


just war; constitutional justice; right to self-determination; human rights; Renaissance; humanism; nihilism; hybrid wars; Enlightenment tradition; constitutional principles

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