Archiwum Filozofii Prawai Filozofii Społecznej

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

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Search Results for: English translation available below

On an Interpreter’s Game with the Legal Text and Extratextual Factors in the Derivative Concept of Legal Interpretation

Dr Paweł Jabłoński, prof. UWr dr hab. Przemysław Kaczmarek

University of Wrocław

English abstract: The aim of this paper is to show the derivative concept of legal interpretation from the point of view of the structure of limits of the juridical power. This structure includes the politico-legal culture, the legal text, the juridical culture, and personal factors, such as ethical and aesthetic judgements.

These days, the derivative concept is the most influential Polish theory of legal interpretation. According to this concept the process of interpreting the law is a kind of a game between the legal text and extratextual factors, which are treated as extratextual limits of juridical power. On the one hand, the legal text does not determine the full meaning of the law, although it has great importance for it. On the other hand, the derivative concept precisely identifies certain others factors that are relevant for the content of law.

Keywords: derivative concept of legal interpretation, limits of juristic power, legal text

Language: Original printed in Polish, English translation available below

Published: Number 2(23)/2020, pp. 49-65.

DOI: https://doi.org/10.36280/AFPiFS.2020.2.49ENG

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Number of downloads: 481

Filed Under: Articles Tagged With: derivative concept of legal interpretation, legal text, limits of juristic power

Dialogical Concept of Legal Interpretation

Prof. dr hab. Zygmunt Tobor, mgr Konrad Kobyliński

University of Silesia in Katowice

English abstract: The purpose of this text is to present an outline of the dialogical concept of legal interpretation. It involves the need to establish the relationship between the legislature and courts. In the normative dimension, this concept includes an analysis of assumptions about the mutual roles of the legislature and courts in determining the substance of the law. In the descriptive dimension, the authors present tools that enable communication between the legislature and courts in order to improve the interpretation process. The authors describe the requirements for communication between courts and the legislature, and refer to existing solutions in Poland and the United States. In the text the importance of this issue is only signaled, but the authors believe that it is worth further research.

Keywords: legal interpretation, strategies of interpretation, communication theory of legal interpretation

Language: Original printed in Polish, English translation available below

Published: Number 2(23)/2020, pp. 35-48.

DOI: https://doi.org/10.36280/AFPiFS.2020.2.35ENG

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Number of downloads: 512

Filed Under: Articles Tagged With: communication theory of legal interpretation, legal interpretation, strategies of interpretation

Narrativity of Legal Language in Law-Making Processes

Dr Paweł Skuczyński

University of Warsaw

English abstract: The paper concerns the relation between argumentative and narrative features of legal texts and the question whether legal texts can be perceived as narrative texts. A narrative text is understood as transferring a story to the recipient through a given medium. The story, being the content of a narrative text, constitutes a specific way of manifesting the plot. The latter is a sort of internal logic of the story. The very same plot might be told in many different ways. Hence, the narrative text does not depict events directly, but through a story that requires a storytelling agent – the narrator. Certainly, there are different kinds of narrators, who can be more or less exposed within the text. In consequence, there are at least five positions concerning the relation between argumentation and narration in law: 1) sceptic – narration is a negation of the reasonableness of law; 2) narration is a structure of presentation of facts; 3) narration is a means of rhetoric persuasion; 4) narration is a meta-argumentative structure; 5) narration is a subject of critical analysis as it reveals the identity of an author. The theory of narration is applied to a particular problem of participation of professional self-governments in law-making.

Keywords: legal narrative, legal argumentation, legal language, law-making, professional self-governments

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 66-83.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.66ENG

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Number of downloads: 369

Filed Under: Articles Tagged With: law-maiking, legal argumentation, legal lenguage, legal narrative, professional self-governments

David DeGrazia on Animal Rights: A Critical Analysis

Dr Michał Pełka

University of Warsaw

English abstract: The article aims to critically discuss the theory of animal rights developed by American social philosopher David DeGrazia. It consists of two parts. The first one describes the main elements of DeGrazia’s approach, namely his views on animal minds, the principle of equal consideration, the idea of unequal moral status, the concept of border persons, and practical remarks concerning improving the treatment of animals by humans. The second part presents remarks about the points where DeGrazia’s proposals should be supplemented and corrected so as to make them more convincing and widely accepted. The conclusion of the essay is the proposal of a cultural revolution for the benefit of animals, which should be initiated by famous people, like actresses, actors, sportswomen and sportsmen, because of their influential position in contemporary societies.

Keywords: border persons, animal rights, cultural revolution, moral status, equal consideration principle, David DeGrazia

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 52-65.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.52ENG

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Number of downloads: 523

Filed Under: Articles Tagged With: animal rights, border persons, cultural revolution, David DeGrazia, equal consideration principle, moral status

Identification of Procedural Acts Performed at the Trial: Considerations in the Context of the Actual Utterances of Non-professional Participants of Court Proceedings

Dr Karolina Gmerek

University of Szczecin

English abstract: The empirical research of the communication process at the trials which were held in common courts indicated, in particular, that the utterances of trial participants, despite their varied verbal forms, were identified as procedural acts. In addition, these verbal forms were often significantly different from the explicit forms where proper legal terms were used. The aforementioned results of the analysis lead the author to pose the following question: what thought processes (mechanisms) allow for the identification of procedural acts based on the utterances which are not explicit for the performance of these acts. The aim of this paper is to describe these types of mechanisms. The utterances of participants of a trial illustrate the issues taken into consideration in this paper.

Keywords: conventional acts, procedural acts, identification of procedural acts, trial, interpretation of procedural statements

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 21-36.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.21ENG

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Number of downloads: 523

Filed Under: Articles Tagged With: conventional acts, identification of procedural acts, interpretation of procedural statements, procedural acts, trial

Guidelines for authors

Considering submitting to the „Archive”? See why publish with us – rating, indexing, no fees and open-access terms in one place.

The Editorial Board invites everyone to submit papers for publication in the “Archiwum”. Below you can find all necessary information concerning submitting papers, the decision-making process of publication, a review procedure, as well as principles of publication ethics. The Editorial Board makes every effort to apply the highest publication standards and to ensure the highest substantive level of the journal.

Paper Submission

Papers in Polish or English are to be submitted via e-mail to an address: archiwum@ivr.org.pl.

Before making a submission please make sure that the paper is within the scope of the “Archiwum” (more here) and that it abides by following requirements.

Each submission must contain a clear indication as to the texts` type and character. “Archiwum” publishes texts in the following categories:

  1. Papers – they should contain original and current results of research. They should not be shorter than 15.000 characters (spaces and footnotes included) and should not exceed 40.000 characters (spaces, footnotes, and references included) in length. This also applies to texts after the review process has been completed.
  2. Translations – only relevant texts considering the journal’s scope and purpose should be proposed for translation. We advise contacting the Editorial Board regarding the possibility of publication before making a submission. Editorial Board places the duty of obtaining permission from an original text’s Author on the Translator, including permission from the possible copyright owners. The translator is obliged to attach these permissions to the submission. Text length requirements concerning papers apply to translations as well.
  3. Reviews and Discussions – they should concern current book publications relating to themes within the scope of the journal or they can be an authorial answer to such a review already published in the journal. The Editorial Board can, under condition of obtaining direct permission by review’s Author, send the review to an Author of reviewed publication for the purpose of preparing an answer (ideally, for the purpose of simultaneous publication of the review and an authorial answer in one issue). These types of texts should not exceed 15.000 characters (spaces and footnotes included) in length.
  4. Reports – they should contain a description and potential evaluation of scientific events important from the point of view of the journal’s scientific aim and scope, such as congresses, conferences, seminars, and symposiums, as well as reports from the handing of important awards and other academic ceremonies. These types of texts should not exceed 10.000 characters (spaces and footnotes included) in length.
  5. In Memoriam – they should contain information about recently deceased people important for Polish theory, philosophy, and sociology of law. These types of texts should not exceed 20.000 characters (spaces and footnotes included) in length.

In justified cases, the Editorial Board can waive the requirements for the length of particular types of texts.

Each paper must contain a title, an author, his/her academic affiliation, ORCID number, and e-mail address, as well as information about possible sources of financial support (grants, funding, etc.).

All submitted papers must abide by the journal’s editorial standards. These standards for texts in English can be found here.

For the purposes of reviewing procedure, all papers ought to be anonymized, and because of that all fragments of the text which could possibly reveal Author’s identity (such as direct references to previous publications, information about sources of financing, initials in footnotes or main text etc.) must be marked with red font.

Each Author, together with the paper submitted for the publication, is obliged to submit a statement which is available here.

The author is obliged to attach the filled author’s form in an editable format including a scan or a picture of a signed copy of the author’s statement to the submitted paper. The author’s form and statement for texts in English are available here. Article’s abstract should be prepared in accordance with the following formula:

  1. Purpose
  2. Assumptions/methodology
  3. Main findings
  4. Originality/value of the study.

Statement on the use of generative artificial intelligence (GenAI)

The “International Journal of the Polish Section of IVR” recognizes the growing role of generative artificial intelligence (GenAI) tools in scholarly, editorial and publishing work. As a scholarly journal committed to integrity, transparency and high academic standards, we publish this statement on the use of GenAI technology.

1) Acceptable uses

Authors may use GenAI tools (e.g. ChatGPT, Gemini, Claude, etc.) for non-substantive purposes such as:

  • assistance with language proofreading or translation,
  • formatting suggestions,
  • improving the clarity and readability of the text,
  • producing abstracts based on the author’s own content.

2) Duty of disclosure

Any significant use of GenAI in the development of the manuscript (e.g. content editing, data analysis, creation of graphics) must be clearly disclosed in a footnote (along with acknowledgements or information on funding sources) or in the methodology section of the article. It should be indicated:

  • the name of the tool used,
  • the nature of its use,
  • the extent to which the tool contributed to the preparation of the paper.

3) Authors’ responsibility

Full responsibility for the accuracy, originality and correctness of the content – including that created with the help of GenAI – lies with the authors. Artificial intelligence tools may not be listed as co-authors. Authors are obliged to verify that their publication does not contain fictitious data, fabricated citations or misinformation.

4) Prohibited uses

It is prohibited to use GenAI for:

  • fabricating results or references,
  • generating content without verifying it,
  • circumventing scientific review procedures or ethical rules.

Such actions may result in rejection of the manuscript or withdrawal of the published article.

The author is also obliged to read the publication ethics and the information about the processing of personal data, which is to be found here.

In case of any questions or doubts, the Editorial Board will gladly answer.

Decision Regarding Publication

All submissions are subject to a preliminary evaluation by the Editorial Board, during which the Editorial Board checks the submitted papers for compatibility with “Archiwum”’s aim and scope, language proficiency, and compliance with editorial standards. The Editorial Board can, at this point, make a decision to reject the paper or to offer the Author corrections to the text for further publication. It does not, however, exclude those criteria again within the reviewing procedure.

All papers submitted to the “Archiwum” are also subject to the anti-plagiarism control tool Similarity Check provided by CrossRef. In case of detected plagiarism, such paper is rejected.

Subsequently, all submitted texts accepted for further review will be sent to external reviewers. The result of the reviewing procedure as described below is a basis for the decision about publication or non-publication of submitted paper.

Reviews, polemics, and reports will not be submitted to the external reviews. They will be reviewed by the Editorial Board, which makes the decision about publication or non-publication. The Editorial Board can reject a text of this kind without providing a reason or send it back for authorial corrections before publication.

Reviewing Procedure

Papers submitted to the “Archiwum” are subject to a double-blind review procedure, conducted by two external researchers in jurisprudence and philosophy. The procedure abides the following rules:

  1. The Editorial Board presents papers for review to researchers best suited from the point of view of issues considered in the text, always striving to provide the best possible members of the academic profession for each submission (at least a doctoral degree). In the case in which paper presented for review exceeds reviewers` specialty, they are obliged to inform the Editorial Board without delay.
  2. In the case of papers in English, the Editorial Board is obliged to make every effort to ensure that at least one reviewer is affiliated outside of Poland.
  3. All reviewers are affiliated outside of the academic research center of the Author or Authors, and they cannot remain in a conflict of interest in the matter of the review. In case of detected conflict of interest – involving the discovery of the Author`s identity – reviewer is obliged to inform the Editorial Board immediately.
  4. Reviewers are obliged not to use the submitted papers in their own research up until the time of publication.
  5. Reviewers are obliged to remain impartial and assess only the substantive value of the text. The connection with “Archiwum”’s aim and scope, language proficiency, and compliance with editorial standards can also be evaluated. Reviewers are also obliged to inform the Editorial Board about any proved or suspected case of plagiarism or other violation of scientific ethics principles.
  6. The Editorial Board sets a 21-day date for completion of the review. At the request of the reviewer, or in other special circumstances, another date may be set. Reviewers are obliged to abide by the established term. Serious violations of the agreed date can be a basis for the change of the reviewer.
  7. Reviews are made on the review form which can be found here. The Editorial Board can agree to the reviewer’s request to make a review in individual form, for example as a description or commentary on the text. The review should be exhaustive and must contain an evaluation of all strong and weak points of the paper, which all should vouch for the final conclusion. Four eventual conclusions are acceptable: (1) positive review: paper can be published and any changes are to be left to Author’s choice; (2) positive review: paper can be published only if changes proposed by the reviewer will be introduced to the paper by the Author; (3) negative review: before the decision about non-publication the paper should be reviewed again, in order to verify whether changes proposed in the review were introduced; (4) negative review: paper cannot be published.
  8. The paper is published after obtaining two positive reviews. In case of positive review (type 2), the Editorial Board asks the Author to introduce changes as proposed by the reviewer. In case of one review is positive and another review is absolutely negative (type 4), the Editorial Board sends the paper to a third reviewer. In case of one review is positive and another review is negative (type 3), the Editorial Board presents a choice to the Author: he/she can decide to modify the paper acknowledging review’s criticisms, after which the paper will be reviewed again by the reviewer who prepared negative review, or he/she can decide to send the paper for a review by the third reviewer. The paper is also submitted for the third review in case of the reviewer who previously wrote a negative review would decline another review of corrected paper or would uphold the previous negative review despite the corrections introduced to the text. If the paper would receive two negative reviews, it is declined publication. However, if the paper would receive two negative reviews (type 3), it can be subjected to reviewing procedure again provided by the same or other reviewers.

The list of reviewers is to be found here.

Publication Ethics

The aim of the principles of publication ethics adopted by the “Archiwum”, the journal of the Polish section of IVR, is to ensure that published papers represent the highest standards of scientific integrity and to foster an honest and open scientific discussion which respects the diversity of views and research paradigms. The principles of publication ethics adopted by our journal are in line with the guidelines of the Committee on Publication Ethics (COPE). Regarding the conflict of interests, they are also in line with the recommendations of the Committee on Legal Sciences of the Polish Academy of Sciences (Komitet Nauk Prawnych PAN) concerning the disclosure of conflict of interest in scientific legal publications.

The principles of publication ethics are applied by the Editorial Board and the Editorial Committee. The editors ensure that the standards are also obeyed by authors, reviewers and other people involved in publication process. More information about our policy of assuring highest possible standards of scientific enquiry and our publishing ethics can be found on our website.

Files to download:

  1. Editorial standards for texts in English (HERE)
  2. Author Form and Author Declaration Form for texts in English (HERE)
  3. Information on data protection (HERE)

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