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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

electoral campaign rhetoric reflexivity language of law Adam Szot apoliticality legal advisors common good moral luck conflict interpretation of procedural statements Michał Dudek statutory interpretation legal theory existentialism legal concepts pluralism naturalistic ethics Przemysław Kaczmarek legal text juristic virtues dialogical utterance structural coupling lawyers’ professional self-government conscientious exemptions evolution temporal nature of social systems intentionalism networks law-maiking conscience clause realism cooperative morality interpretation of the Bible Marta Chmura dissenting opinion Tomasz Pietrzykowski conceptual metaphor constitutional interpretation Marina Dawidowa dualism of law scholarly interpretation justification of punishment protection of the memory of the deceased freedom of the press state of emergency first-order observation pragmatics crime decommunization

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