Dr Tomasz Raburski

Adam Mickiewicz University in Poznań

English abstract: The paper analyses the institutional epistemology of the process of application of law in Poland. The concept of institutional epistemology is understood as a set of features, epistemic aims, values, and practices, which are intrinsic to the institutional structures. Two aspects of such an institutional epistemology are covered: the positivistic model of cognition and the concept of truth embedded in the judicial practices and legal norms. The philosophical and historical origins of these features are outlined. It is argued that they should be considered relics of previous socio-political system and obsolete philosophies of science, and, in consequence, they do not meet the standards of the constitutional principle of the democratic rule-of-law state (Polish demokratyczne państwo prawne). Evolution towards more deliberative forms of institutional epistemology is advocated.

Keywords: application of law, epistemology of law, truth, legal positivism, neopositivism, deliberative democracy

Language: Polish

Published: Number 4(33)/2022, pp. 39-51

DOI: https://doi.org/10.36280/AFPiFS.2022.4.39

Download: Download
Number of downloads: 337

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.