Dr Mariola ŻAK

University of Warsaw

English abstract: The article reflects on the condition of contemporary critique of law in the light of institutional critique derived from the theory of art. This study aims to verify the thesis that institutional critique is a research perspective formed against the background of various trends of critical legal thought. This critique is affirmative and constructive in character. It focuses on the analysis of the performance of reflexive institutions and it also problematizes cognitive tensions that are inherent in legal institutions. The institutions are analysed in the light of the metaphor of aesthetic play. The article presents the theoretical grounding of the relationship between institutional critique and critical legal thinking in the light of the philosophy of law inspired by Jacques Rancière’s thought. Furthermore, selected examples of this critique and directions for its potential application are shown in the context of modelling patterns of dialogic legal culture as understood by the law and humanities movement.

Keywords: institutional critique, critical legal thinking, aesthetics of law, law and humanities, Jacques Rancière

Language: Polish

Published: Number 1(34)/2023, pp.87-101

DOI: https://doi.org/10.36280//AFPiFS.2023.1.87

Download: Download
Number of downloads: 179

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