LAW FORMATION IN PLURALISTIC SOCIETY

The aim of the paper is to indicate legal and axiological bases essential for creating good legal solutions. The paper presents issues connected with law formation in a pluralistic society. The point of reference for the included analysis is the Polish society in the period of the 3rd Republic of Poland, the society which is varied nationally, religiously, politically and represents different outlooks.Using the results of philosophical research and philosophical analysis the author explains the conflict between a positivist and axiological competence of law present on the Polish political scene. Considering the results of sociological research, he notices a discrepancy between the law made in the Parliament and social images of the law. He also looks at the clash between positivist and axiological concepts of law on the Polish political scene. The author points out that the law should respect the principles of social life, serve the common good, respect the rules of participation and subsidiarism, order and organize social life, be based on general human values and ethical principles and be in agreement with obvious truths about human nature and human rights. All of the above have to be fulfilled if the law is to contribute constructively to the history of the pluralistic society.