Archiwum Filozofii Prawai Filozofii Społecznej

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

IVRwww.ivr.org.pl

Search Results for: ideology

Animal welfare under socialism: Anthropocentrism, instrumentalization, and ideology in the GDR

Dr hab. Martyna Łaszewska-Hellriegel, prof. UZ

University of Zielona Góra

Pomeranian University of Słupsk

English abstract: This article investigates the German Democratic Republic’s (GDR) approach to animal welfare through the lens of Marxist ideology, focusing on the tension between utilitarian principles and anthropocentric values. It aims to analyze how the GDR’s socialist framework, which prioritized collective welfare and economic productivity, influenced its policies toward animals, often reducing them to mere instruments for human benefit. The study assumes that the GDR’s Marxist ideology shaped its policies and practices, including those related to animal welfare. It employs a methodological approach that comprises an analysis of official state policies, propaganda materials, and dissenting voices from that period. By examining these sources, the article seeks to uncover the ideological underpinnings and practical outcomes of the GDR’s approach to animal welfare. The research reveals that the GDR’s animal welfare policies were deeply rooted in anthropocentrism and utilitarianism, prioritizing industrial efficiency and agricultural output over ethical considerations. Despite its socialist rhetoric, the GDR often treated animals as economic resources, highlighting a contradiction between its professed commitment to socialist humanism and its actual treatment of non-human beings. The study also identifies broader ideological conflicts inherent in applying Marxist principles to animal welfare, particularly the difficulty in reconciling economic priorities with ethical concerns. This article contributes to the growing field of interspecies ethics by providing a unique examination of animal welfare within a state socialist system. It offers new insights into the complexities of applying Marxist ideology to non-human entities, shedding light on the tensions between utilitarian practices and ethical imperatives. By analysing the GDR’s approach, the study not only enriches historical understanding but also provides a framework for contemporary discussions on sustainable agriculture, animal rights, and the ethical dimensions of human-animal relationships.

Keywords: GDR (German Democratic Republic), animal welfare, Marxist ideology, anthropocentrism, utilitarianism, animal rights

Language: English

Published: Number 3(44)/2025, pp. 20-37.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.20

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Number of downloads: 170

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Number 3(44)/2025 [PL/ENG]

I. MARXIST APPROACHES TO LAW IN TIMES OF THE POLISH PEOPLE’S REPUBLIC AND THE GERMAN DEMOCRATIC REPUBLIC AND PHILOSOPHY OF LAW IN THE FACE OF TOTALITARIANISM

Dr hab. Joanna Helios, prof. UWr
Dr hab. Wioletta Jedlecka, prof. UWr
The influence of Marxism on the interpretation of law in Poland (some remarks concerning the theory of legal interpretation by Jerzy Wroblewski)

Dr hab. Martyna Łaszewska-Hellriegel, prof. UZ
Animal welfare under socialism: Anthropocentrism, instrumentalization, and ideology in the GDR

Dr hab. Sławomir Tkacz, prof. UŚ
Dr hab. Aleksandra Wentkowska, prof. UŚ
On the threats to democracy and the rule of law: The philosophy of total states in the views of Szymon Rundstein and Maciej Starzewski

II. CRIMINAL-LAW SETTLING OF ACCOUNTS WITH COMMUNISM

Mgr Przemysław Pasierb
The establishment of the Institute of National Remembrance as the authority responsible for prosecuting communist and Nazi crimes: An analysis of the efficiency of the IPN Act

Prof. dr hab. Adam Bosiacki
Attempts to punish communist crimes throughout history: Failures and successes

Dr hab. Dominik Bierecki, prof. UP w Słupsku
The notion of activities for the independent existence of the Polish State on the basis of the so-called February Act

Dr Marek Derlatka
Denying communist crimes: Selected problems

Mgr Kamil Słomiński
Criminalization of communist propaganda in the jurisprudence of the Supreme Court of the Second Republic of Poland

III. SYSTEMIC CRIME FROM THE POINTS OF VIEW OF INTERNATIONAL LAW AND PHILOSOPHY AND THEORY OF LAW

Prof. dr hab. Jacek Sobczak
Dr hab. Ksenia Kakareko, prof. UW
Dr hab. Maria Gołda-Sobczak, prof. UAM
The forgotten genocide: Extermination of the Crimean Tatars

Dr hab. Christoph-Eric Mecke, prof. UZ
Finding legal approaches to dealing with the past after the fall of communism from the perspective of legal theory and comparative law

Dr Kajetan Górny
Evaluation of the protests in Radom in 1976 from the perspective of Law & Economics

Criminalization of communist propaganda in the jurisprudence of the Supreme Court of the Second Republic of Poland

Mgr Kamil Słomiński

University of Warsaw

English abstract: Combating totalitarian propaganda is a topic that continues to challenge the law, including criminal law dogmatics. The criminalization of totalitarian propaganda plays a special role in countries which have been affected by these regimes. Polish law currently criminalizes the propagation of communist ideology. It is worth presenting how this concept was shaped against the historical background of the regulations in force in the Second Republic of Poland. The article addresses the issue of criminalization of communist propaganda in the Second Republic of Poland. It analyses the rulings of the Supreme Court and scholars’ views concerning this issue from the period 1918–1939.

Keywords: criminalization, communism, propaganda, jurisprudence, Supreme Court

Language: English

Published: Number 3(44)/2025, pp. 107-118.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.107

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Number of downloads: 164

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The Question of the Autonomy of Law in the Light of E.B. Pašukanis’s Hylomorphic Theory

Dr hab. Rafał Mańko

Central European University, Democracy Institute (Budapest, Hungary)

English abstract: The purpose of this article is to examine the position of Evgeny B. Pašukanis regarding the problem of autonomy of law. The source material for the research is his monograph entitled The General Theory of Law and Marxism (1924), in which he laid down the framework of his hylomorphic theory of law, also described as materialist or realist. The article begins with a reconstruction of the basic assumptions of Pašukanis’s hylomorphic theory of law and then moves on to the key issue of his views on the genesis of juridical form. In the light of the analysis, the article shows that the essence of law in J Pašukanis’s view is that it is a form that shapes and makes possible the relations of economic exchange that constitute its proper matter. Against this background, the article addresses the issue of the autonomy of law, indicating that it should be considered in two dimensions: the internal autonomy of law, i.e. the autonomy of juridical form in relation to its content, and the external autonomy of law, i.e. the autonomy of law in relation to the state, politics and ideology. When it comes to the internal autonomy of law, the paper points out that the relationship of the form of law to its matter is – in Pašukanis’s view – of a dialectical nature, which results in his rejection of Marx’s conception of law as a ‘superstructure’ reflecting economic relations in the ‘base.’  When it comes to the external autonomy of law, Pašukanis is firmly on the side of a hard ontology of law, based on its hylemorphic substance (the composite of the matter of acts of exchange and its legal form), which makes law primary vis-à-vis the state and politics and essentially distinct from ideology. This does not, of course, exclude the ideological nature of law, but – again contrary to Marxists – Pašukanis does not allow for the recognition of law as an essentially ideological phenomenon.

Keywords: autonomy of law, ideology, hylomorphism, juriscentrism, juridical form, legal form, Pašukanis

Language: Polish

Published: nr 4(41)/2024, pp. 91-103

DOI: https://doi.org/10.36280/AFPiFS.2024.4.91

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Number of downloads: 294

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Issue 3(36)/2023 „Archiwum…” is now available

Welcome to the English-language issue 3(36)/2023 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue is titled: „Between Legal Theory and Ideology” and is dedicated to the thought of Prof. Józef Nowacki on the centenary of his birth and on the twentieth anniversary of the publication of a collection of his writings titled „Studies in the Theory of Law”. The issue includes the following texts:

  • Prof. UŚ dr hab. Sławomir TKACZ: Between Legal Theory and Ideology. Introduction
  • Prof. dr hab. Józef NOWACKI: Normative and Situationist Conception of General Clause of the Principles of Community Coexistence
  • Prof. dr hab. Tomasz PIETRZYKOWSKI: An Ideal of Scientific Jurisprudence. Józef Nowacki Against Ideological Influences on Jurisprudential Claims
  • Prof. dr hab. Zygmunt TOBOR: Legality as Compliance with the Intention of the Legislator. The Understanding of Legality in Józef Nowacki’s Works
  • Prof. dr hab. Kamil ZEIDLER: Law and Values Other Than Moral. On Searching for Inspiration in Józef Nowacki’s Works
  • Prof. UŚ dr hab. Agnieszka BIELSKA-BRODZIAK, dr Marek SUSKA: Legal Certainty and the Interpretatio Retro Non Agit Principle
  • Prof. dr hab. Leszek LESZCZYŃSKI: Situationist and Normative Concepts of General Clauses. The Context of Differences and Common Grounds
  • Prof. UŚ dr hab. Sławomir TKACZ: Situationist and Normative Concepts of General Clauses. Disputes About the Accuracy of Two Approaches to General Clauses in the Light of Józef Nowacki’s Views

The issue is available HERE.

Number 3(36)/2023 [PL]

Prof. UŚ dr hab. Sławomir TKACZ
Between Legal Theory and Ideology. Introduction

Prof. dr hab. Józef NOWACKI
Normative and Situationist Conception of General Clause of the Principles of Community Coexistence

 

Artykuły:

Prof. dr hab. Tomasz PIETRZYKOWSKI
An Ideal of Scientific Jurisprudence. Józef Nowacki Against Ideological Influences on Jurisprudential Claims

Prof. dr hab. Zygmunt TOBOR
Legality as Compliance with the Intention of the Legislator. The Understanding of Legality in Józef Nowacki’s Works

Prof. dr hab. Kamil ZEIDLER
Law and Values Other Than Moral. On Searching for Inspiration in Józef Nowacki’s Works

Prof. UŚ dr hab. Agnieszka BIELSKA-BRODZIAK, dr Marek SUSKA
Legal Certainty and the Interpretatio Retro Non Agit Principle

Prof. dr hab. Leszek LESZCZYŃSKI
Situationist and Normative Concepts of General Clauses. The Context of Differences and Common Grounds

Prof. UŚ dr hab. Sławomir TKACZ
Situationist and Normative Concepts of General Clauses. Disputes About the Accuracy of Two Approaches to General Clauses in the Light of Józef Nowacki’s Views

Liberty – Equality – Fraternity, or Rudolf Steiner’s Concept of Threefold Society

Prof. UMK dr hab. Marta BARANOWSKA

Mikołaj Kopernik University in Toruń

English abstract: The research objective of the article is to present Rudolf Steiner’s concept of threefold society, as well as to attempt to indicate whether the ideas he raised have a place in the contemporary discourse in social and political philosophy. The research questions to be asked in this context are: is it possible to include Steiner’s views in a specific ideology? Did he consider it possible to realize the ideas of liberty, equality, and fraternity in social life? How did he perceive the relationship between the individual and the community? Achieving the research goal requires analysing and interpreting Steiner’s writings and analysing the scientific literature devoted to this issue. First of all, he believed that the three ideas: liberty, equality, fraternity, are impossible to implement when the social organism is treated as an integral whole. The original solution to this problem was to suggest dividing the social organism into three parts. Each part would implement one of these ideas. The spiritual sphere would be based on freedom from influence of the state and the economy, while the economic sphere would be based on brotherhood and not on the liberal egoistic desire to get rich or on the socialist pursuit of equality. In this context, he also presented a concept that resembles basic income, an idea raised more and more often in contemporary social philosophy. Finally, the political sphere would be based on democratic equality. Steiner emphasized that he was not creating a new ideology because a permanent social order would never be possible. He also introduced an original solution to social philosophy, pointing out that life is not an integral whole and has different aspects. Different priorities can be considered in each of them, which will result in an optimal solution to the individual-community paradox.

Keywords: Rudolf Steiner, threefold social order, anthroposophy, liberty, social philosophy, unconditional basic income, law

Language: Polish

Published: Number 1(34)/2023, pp.5-17

DOI: https://doi.org/10.36280//AFPiFS.2023.1.5

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Number of downloads: 428

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