We invite you to read the latest issue of “Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR. The issue includes the following papers:
- Prof. KUL dr hab. Tomasz BARANKIEWICZ, Prof. UJD dr hab. Bogusław PRZYWORA: On Methodological Unity and Diversity of Legal Sciences: A Contribution to Basic Methodological Research
- Prof. US dr hab. Agnieszka CHODUŃ: Argument from Precedent in Legal Interpretation of Texts of Legal Acts from the Perspective of a Derivative Concept of Legal Interpretation
- Dr hab. Adam DYRDA: Reflective Legal Positivism
- Mgr Marta Zuzanna HUK: Equality of Narrative Inclusion in Decision‑Making Processes: A Deliberative Approach
- Mgr Łukasz ŁYŻWA: Ethics of Strategic Voting in Popular Elections
- dr hab. Beata POLANOWSKA‑SYGULSKA: John Gray’s Tree‑Part Philosophical Creed
- Mgr Cezary WĘGLIŃSKI: Maurice Hauriou’s Theory of the Institution: Legal Institutionalism and the Science of the State
- dr hab. Jerzy ZAJADŁO: Judicial Disobedience, Justice Lemuel Shaw and Commonwealth v. Aves
and the review:
- Dr Dawid KOSTECKI: How Much Beauty in Law? How Much Law in Beauty? A Review of Kamil Zeidler’s Aesthetics of Law (Gdańsk–Warszawa 2020, pp. 309)
The issue is available HERE.
Table of contents
Issue page: Issue 3(32)/2022 [ENG]
- On Methodological Unity and Diversity of Legal Sciences: A Contribution to Basic Methodological ResearchThe paper is an attempt to argue for the methodological distinctiveness of legal sciences. The methodological distinctiveness (specificity) of legal sciences has been presented in three dimensions: 1) the subject; 2) methods and 3) purpose of scientific research.
- Argument from Precedent in Legal Interpretation of Texts of Legal Acts from the Perspective of a Derivative Concept of Legal InterpretationThe aim of this article is to ascertain whether in the Polish legal culture in which precedent is not a legislative fact, it can become an argument in the process of judicial interpretation. The article posits that an analysis of precedent as an argument in judicial interpretation must be carried out in relation to a particular concept (or theory) of legal interpretation.
- Reflective Legal PositivismThe argument of theoretical disagreement has been deemed the most serious contemporary challenge to the traditional views of law, not merely for academic legal positivists but for all lawyers and scholars. Although coined by Ronald Dworkin for the specific purpose of opposing conventionalist and positivist theories of law, the argument recognises the general truth that jurisprudence is an inevitably agonistic enterprise.
- Equality of Narrative Inclusion in Decision-Making Processes: A Deliberative ApproachThis paper explores the relationship between narrative inclusion and the notion of equality from the perspective of the theory of deliberative democracy. It is based on the assumption that taking into account the diversity of discursive competences influences the constructed justifications constituting the source of legitimacy of political decisions.
- Ethics of Strategic Voting in Popular ElectionsMisreporting of preferences is a common behavior among voters but still considered as moral wrongdoing. I propose the conceptual framework of its dilemmas and argue that tactical voting may NOT be regarded as a moral wrong if implemented in a popular election.
- John Gray’s Tree-Part Philosophical CreedJohn Gray’s three controversial, widely discussed books, Straw Dogs: Thoughts on Humans and Other Animals (2002), The Silence of Animals: On Progress and Other Myths (2013) and The Soul of the Marionette: A Short Inquiry into Human Freedom (2015), create a natural trilogy. They all have a similar structure, consisting of a kaleidoscope of ideas, digressions, associations and recurring motifs.
- Maurice Hauriou’s Theory of the Institution: Legal Institutionalism and the Science of the StateThe aim of this paper aims is to reconstruct the original context, the characteristics and the main assumptions of M. Hauriou’s theory of the institution as one of the most coherent and comprehensive examples of legal institutionalism.
- Judicial Disobedience, Justice Lemuel Shaw and Commonwealth v. AvesThe main purpose of this paper is the analysis of the notion "judicial disobedience”. The author describes two aspects (individual and institutional) and compare them with civil disobedience.
- How Much Beauty in Law? How Much Law in Beauty? A Review of Kamil Zeidler’s Aesthetics of Law (Gdańsk–Warszawa 2020, pp. 309)