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What „The Political” Can Bring Into The Polish Theory of Law. Toward a Further Investigations

Dr Michał Paździora, Mgr Michał Stambulski

University of Wrocław

English abstract: The political is a category entirely absent in the Polish theory and philosophy of law. Article presents history of “the political”, category developed by thinkers such as M. Weber, K. Marx, C. Schmitt, Ch. Mouffe and the main assumptions of the practical aims of theory of law present in alternative projects: Poznań-Szczecin methodological school and L. Morawski critical theory. Despite the declared theoretical differences, both projects are characterized by a similar understanding of the theory, which involves the objectivity of knowledge with involvement of universal point of view. Thus, the inclusion of the category of political in both projects, especially in legal education, is ignored.

Keywords: the political, postmodernism, agonism

Language: Polish

Published: Number 1(8)/2014, pp. 55-66

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Filed Under: Articles Tagged With: agonism, postmodernism, the political

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Keywords

cognitive bias the triad of consequences Polish law Chinese law sociological jurisprudence legal moralism Karolina Gmerek sociality liability for damages generative linguistics Ludwig Wittgenstein Bruce Ackerman legal culture scrivener’s error justice Thomas Bayes limits of legal interpretation cognitive dissonance reduction crime judicial precedent normative and methodological debate Leviathan legal education professional role public reason Social Insurance Institution bioethics field of axiological awareness principle of law psychoanalysis codification comparative approach Hans Kelsen cultural defense theory of meaning Neil MacCormick social source thesis regulation of liberty Lucie Olbrechts-Tyteca security service Robert Alexy judicial character second-order observation agonism right to truth Michał Araszkiewicz Anscombe sociology of film legal guarantees of advocates’ activity legal positivism

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