The mainstreams in the discussion on equity in Polish theoretical and legal thought

Abstract

The aim of this article is a theoretical and legal analysis of the concept of equity by attempting to formulate the main trends in discussions about it in the European theoretical and legal thought. Then, the author will present a few selected Polish philosophical and legal positions from various periods in order to check whether they fit into the European theoretical and legal tendencies. In the first part of the text, on the basis of the considerations of features, the author will try to formulate the main trends in which other theories of the psychological, situationist and normative equity, which emerged in the 20th century, also fit. The second part of the text presents the concepts of the validity of the following legal theorists: Henryk Piętka (psychological tradition), Eugeniusz Jarry (natural law tradition) and Jerzy Wróblewski (positivist tradition).