We invite you to read the latest English issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue includes the following texts:
- Mgr Bartłomiej BODZIŃSKI-GUZIK: The ‘Theatrical’ in Public Participation: How Can Theatre Contribute to Citizens’ Engagement in Legislative Development?
- Prof. UMK dr hab. Łukasz DOMINIAK: Proceeds of Crime, Punishment, and Libertarianism
- Dr Bartosz JANIK: An explanatory framework for legal grounding
- Prof. dr hab. Joanna MISZTAL-KONECKA: Separate and Dissenting Judicial Opinions and Their Significance for a Democratic Society. Reflections Against the Background of Polish Law
- Mgr Katarzyna RUŻYCZKA: Should Judges Be Empathic? The Place of Judges’ Empathy in Therapeutic Jurisprudence
- Mgr Wojciech RZEPIŃSKI: Ascription of content to provisions of the law by judicial practice. Theoretical analysis of the Polish Constitutional Tribunal’s judgments
- Dr Magdalena WOJDALA: Non-textual elements in judicial opinions: overview
The issue is available HERE.
Table of contents
Issue page: Issue 2(35)/2023 [ENG]
- The ‘Theatrical’ in Public Participation: How Can Theatre Contribute to Citizens’ Engagement in Legislative Development?The paper is devoted to the notion of public participation and an attempt to propose a slightly different understanding and approach to this than usual. The author acknowledges the potential of theatrical methods, especially the proposal of A.
- Proceeds of Crime, Punishment, and LibertarianismIn his recent publication, Walter Block claims that disgorgement of indirect proceeds of crime is incompatible with libertarianism. The present paper argues that Block’s claim is incorrect.
- An Explanatory Framework for Legal GroundingThe objective of this article is to provide an explanatory framework for legal grounding. Grounding, understood in recent years as a metaphysical determination, has proved to be a fruitful object of inquiry for legal theorists trying to explain the thesis about the relationship between social facts and legal facts in metaphysical terms.
- Separate and Dissenting Judicial Opinions and Their Significance for a Democratic Society. Reflections Against the Background of Polish LawIn most legal systems, the administration of justice in complex and difficult cases is, entrusted to panels composed of multiple judges. In practice, rarely does it happen that this designated group of judges is required to reach a unanimous decision.
- Should Judges Be Empathic? The Place of Judges’ Empathy in Therapeutic JurisprudenceTherapeutic jurisprudence (TJ) has had a influence on the judiciary and legal practice given the emergence of special courts, the so-called problem-solving courts. As understood by David B.
- Ascription of Content to Provisions of the Law by Judicial Practice. Theoretical Analysis of the Polish Constitutional Tribunal’s JudgmentsThe article examines the way in which the Polish Constitutional Tribunal operates, which involves replacing its own process of interpreting the provisions under review by accepting the interpretation of another court. The objective of the article is to provide a theoretical account of the Polish Constitutional Tribunal’s conduct to the readers.
- Non-textual Elements in Judicial Opinions: OverviewThe objective of the article is to present the practice of using non-textual elements in judicial opinions, as well as to explain the need for a new term and the way in which it was created. In order to do so, several questions have been addressed.