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Journal of the Polish Section of IVR (ISSN:2082-3304)

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Recognizing, overlooking, ignoring. About the legislator’s attitudes towards closeness de facto.

Mgr Marlena Drapalska-Grochowicz

University of Silesia in Katowice

English abstract: The text considers why certain types of close relationships are “invisible” in the legal system. Visibility can mean public recognition, status recognition, social acceptance. What is “visible to the law” is the closeness that the law recognizes, accepts, supports, and with which it links certain obligations and rights, e.g. marriage. However, the main subject of this study will be those close relationships that are invisible in the legal system (obscurus). Two people, remaining in an actually close relationship, may not be recognized as such in the legal system. The purpose of this paper is to understand why these kinds of differences arise between law and life, and, more specifically, what the “invisibility” of individual close relationships in the legal system results from. In my reflection, I will use references to the film Call Me by Your Name.

Keywords: close relationships, law and emotions, the attitudes of the legislator

Language: Polish

Published: Number 1(26)/2021, pp. 112-126.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.112

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Filed Under: Articles Tagged With: close relationships, law and emotions, the attitudes of the legislator

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Keywords

second-order rules of legal interpretation difference dialogue conceptual metaphor law beyond statutory law Pierre Bourdieu Wojciech Załuski Andrzej Malinowski freedom of assembly intertemporal problems of law David DeGrazia comparative law law of evidence Magdalena Glanc Adam Sulikowski socialization Beata Polanowska-Sygulska legal facts professional role public sphere professional roles of lawyer aesthetics subjectivism essentialism veil of ignorance communication theory of legal interpretation copyright cultural relativism will Maciej Dybowski reason second-order observation Katarzyna Krzyżanowska positive responsibility Dawid Bunikowski spiritual crisis regulation of liberty Louis Althusser symbolic law Bruce Ackerman Butler theory of law Franciszek Strzyszkowski right to truth limits of juristic power circumstances excluding guilt institutionalization of collective memory conception health state prosecutor

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