In the article the author rejects traditional, logical interpretation of the famous “Is-Ought Paragraph” from David Hume’s A Treatise of Human Nature. He argues that most of the interpreters failed to grasp the wide philosophical background of the IsOP, which is, generally speaking, a passionate discussion between ethical rationalists and ethical anti-rationalists in the 17th and 18th century British philosophy. The author shows that the Hume’s main aim in the IsOP is to strengthen his previous arguments against ethical rationalism and (...) to reinforce (and not subvert at all) the common-sense (vulgar) systems of morality, likewise he did in the first book of the Treatise… in case of the theory of knowledge. The author argues that there is no putative thesis of logic in the IsOP, which some scholars call “Hume’s Law”. (shrink)

Freedom of contract and corrective justice are considered to be the basic principles governing contract law. However, many contemporary legal orders implement various policy goals into private law. The regulatory private law of the European Union is the most striking example of such a trend. This article aims at reconciling the corrective justice theory of private law and the principle of freedom of contract with the regulatory dimension of the EU law. The main argument is that the meaning of the (...) concept of harm, one that is crucial to the principle of corrective justice, should be understood broadly so that it can transform the corrective justice theory from a monistic one into a pluralistic one. (shrink)