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Affirmative amnesia and conservative crits. Some remarks on the condition of critical legal thought in Central and Eastern Europe

Prof. dr hab. Adam Sulikowski

University of Wrocław

Abstract: The purpose of this article is to analyze the causes and effects of two phenomena, which can be considered as characteristic of the critical legal discourse in Central and Eastern Europe. The first phenomenon is sometimes termed as „affirmative amnesia”. It consists of the abandonment of critical methodology by legal scholars who have dealt with the Marxist critique of the neoliberal law for the major period of their careers. The author tries to diagnose the cause of this phenomenon. The second of these trends lies in the fact that the critical tools that are used on the West mostly by left-wing thinkers, in Central and Eastern Europe are applied by conservative rightists.

Keywords: affirmative amnesia, critical legal thought, conservatism

Language: Polish

Published: Number 1(8)/2014, pp. 77-87

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Filed Under: Articles Tagged With: Adam Sulikowski, affirmative amnesia, conservatism, critical legal thought

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Keywords

liability for damages Ofer Raban Stanley Fish hermeneutic universalism Herbert L. A. Hart evolution Immanual Kant professional self-governments Friedrich A. Hayek Michał Pawłowski basic social structure Jarosław Wyrembak crisis dialogical utterance procedural acts American jurisprudence Stanisław Czepita cultural revolution pragmatism electoral campaign public truths legislative error conservatism animal protection temporal nature of social systems Mariola Żak analytical legal theory Lawyers’ Professional Ethics freedom of religion Kamil Zeidler transmission easement theoretical disagreement religious freedom derivative concept of legal interpretation legal facts Radbruch’s formula cohesion Anscombe militant ethnocentrism Weight Formula subjectivity legal narrative Russian philosophy of law aretaic theory minimal morality jurisprudence narratology realisation of Law law and politics non-legislative lawful excuse

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