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Legal Gap in the Democratic System in the Relationship between Law and Political Philosophy and Ethics – Selected Examples
Abstract
The article analyzes the phenomenon of legal loopholes as an ethical issue in democratic systems. It argues that a legal loophole is not merely a legislative omission but a problem embedded in the relationship between the state and its citizens. Three ethical perspectives are discussed: liberal (undermining equality and procedural justice), conservative (threatening the moral continuity of the community), and personalist (violating human dignity). The analysis of selected loopholes in Polish constitutional and criminal law reveals their ethical consequences, including the erosion of public trust, inequality before the law, and weakening institutional authority. The conclusion emphasizes that effectively addressing legal loopholes requires both precise legislation and ethical reflection on the common good and the state’s responsibility toward its citizens.
Keywords:
legal loophole, ethics, democracy, law, justice, human dignityMost read articles by the same author(s)
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