Journal of the Charles University Law Faculty
Filip Horák
Author’s affiliation:
Faculty of Law, Charles University
The Crisis of Values and Contemporary Law
Jurisprudence 4/2019 Section: Articles Page: 28–41
Keywords: crisis of values, axiology, functional analysis, empty shells
Abstract: The aim of this article is to discuss the deepening crisis of axiological core of western civilization’s legal system. First, this problem is examined through three stories analyzing the evolution of western thought. Second, a specific analysis of the development of thinking about the most important values creating the basis for western legal systems, specifically dignity, justice, liberty and equality, is conducted. The goal here is to highlight the fact, that these values have become empty shells fillable with any content, which makes them an unsuitable basis for law. Finally, the article points out, that attempts to axiomatize these values are not a solution but rather an enlargement of the problem. As an alternative, the new approach towards values based on their empirical functional analysis combined with the philosophical teleological approach is introduced.
