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Apoliticality in Jurisprudence. The Crisis of the Idea and the Phenomenon of Populism

Prof. dr hab. Adam Sulikowski

University of Wrocław

Abstract: The topic of the article is the current crisis of the idea of the apolitical nature of jurisprudence and the relationship between this crisis and the phenomenon of populism. In the first part of the study, the author puts forward a thesis on the post-theological and liberal character of the idea, reconstructing its genealogy. The next part discusses the impact of first-wave populism (1930s and 1940s) on the status of the title idea, focusing primarily on authoritarian – Nazi and Stalinist – populisms. In the next part, the author diagnoses the causes of the current crisis of the title idea after the period of its demo-liberal reappointment.

Keywords: apoliticality, jurisprudence, discourse, populism, crisis, post-theology, liberalism

Language: Polish

Received: 13.06.2018
Accepted: 17.08.2018

Published: Number 3(18)/2018, pp. 74-85.

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Filed Under: Articles Tagged With: Adam Sulikowski, apoliticality, crisis, discourse, jurisprudence, liberalism, populism, post-theology

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Keywords

Paweł Banaś Karl Popper judicial formalism pluralism Zygmunt Ziembiński justification of interpretive claim ideology Kant procedural criminal law public reason legislative history politics of memory spokesman of truth Russia freedom of assembly encounter Grundnorm primatology realisation of Law freedom of religion Ludwig Wittgenstein judicial character Petera Fechtera case subject communicative rationality in dubio contra reo judicial decision exercise of power indigenous people collaborative law Tomasz Grzybowski judicial discretion ombudsman institutions judicial reasoning institutional theory court decisions legal concepts dynamic interpretation Wojciech Ciszewski culture of authority nonfactualism Krzysztof Janas theory of law David DeGrazia law-maiking international society Thomas Bayes nature and complexity of law religious argumentation one right answer

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