Archiwum Filozofii Prawai Filozofii Społecznej
Journal of the Polish Section of IVR (ISSN:2082-3304)
Keywords: Identity, philosophical narrativism, legal personhood, philosophy of law, minority rights, LGBTQ+ rights.
Language: Polish.
Published: No. 1(42)/2025, pp. 112-118.
DOI: https://doi.org/10.36280/AFPiFS.2025.1.112
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Number of downloads: 249
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English abstract: This paper explores the relationship between narrative inclusion and the notion of equality from the perspective of the theory of deliberative democracy. It is based on the assumption that taking into account the diversity of discursive competences influences the constructed justifications constituting the source of legitimacy of political decisions. Moving beyond a purely argumentative discourse towards emphasising pluralism provides a significant enough modification of the theory to claim that it constitutes a separate model of deliberation. At the starting point, the role and purpose of narrative is presented, as well as the conditions under which it can be incorporated into deliberative processes. Then, consideration is given to the transformation of the category of equality that is brought about by introducing narrative to the framework of subject inclusion. The shift in meaning from unconditional equality to equalisation of opportunities is also addressed, in both procedural and substantive terms. Finally, the paper outlines the possible practical problems and risks that the inclusion of narrative in deliberation may raise.
Keywords: narration, theory of deliberative democracy, substantive inclusion, equalisation of opportunities, public legitimacy, mutual justifications
Language: English
Published: Number 3(32)/2022, pp. 49-59
DOI: https://doi.org/10.36280/AFPiFS.2022.3.49
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Number of downloads: 419
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Abstract: What is the relationship between general legal theories and legal narratives? In this paper we aim to problematise this relationship in the context of different legal disagreements. As we see it, the Dworkinean category of “theoretical disagreement”, which basically refers to the phenomenon of disagreement “about the grounds of law” (between different general legal theories) is not sufficient to cover all substantial disagreements that appear in legal practice. Thus, we propose a category of “narrative disagreement” which has a wider scope. Eventually, we discuss the thesis of a possible equality of legal theories, as well as legal narratives, which we understand as an inevitable consequence of the relationship between legal theories/narratives and a special type of evidence on which they both rely: truisms about the law that laymen and/or legal professionals generally share.
Keywords: general legal theories, legal disagreement, theoretical disagreement, narrative disagreement, legal narrative, legal truisms
Language: English
Received: 26.12.2017
Accepted: 26.01.2018
Published: Number 2(17)/2018, pp. 47-59.
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English abstract: Prima facie duties central to W.D. Ross’s concept of ethical conflict and principles of law, which are, in turn, central to R. Dworkin’s individualistic conception of law as interpretation, show similarities in the process of their application. A comparative analysis of prima facie duties and principles of law leads to the conclusion that there is a shared essence underlying the notion of normative conflict (collision of prima facie duties or legal principles in so-called “hard cases”). This essence consists in the assumed importance of the factual situation as a factor determining an ethical and legal choice from among conflicting duties or principles, and the importance of the decision-making subject in resolving the conflict. Factuality and the unique subject (whether the “plain man” or “Judge Hercules”) are the factors that condition the possibility of identifying the proper duty and nonabstract right. Simultaneously, these are the factors that establish normative conflicts as disputes not determinable by an abstractly assumed moral principle; they open normativity to new narratives, to development, and to evolution. They individualize the conflict through the individualized nature of facts and the decision-making subject. Thus, a comparative analysis may lead to the conclusion that the assumption of openness to collisions of principles and duties is an expression of liberal thought, as it is not a narrative that imposes or excludes. Any abstract approach to conflict resolution is inherently oppressive, as it disregards the importance of the decision-making subject and the complexity of factual situations. Individualism opens up the conflict rather than closing it. This is the nature of declarations of individual rights and freedoms – when conceptualized as legal principles, they inevitably expose rights and freedoms to conflict.
Keywords: Joseph Raz, perfectionist liberalism, personal autonomy, group rights as a category, political conception of human rights, Ronald Dworkin, ethical monism
Language: Polish
Published: Number 2(43)/2025, pp. 42-57.
DOI: https://doi.org/10.36280/AFPiFS.2025.2.42
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Number of downloads: 228
This text is licensed under a Creative Commons Attribution 4.0 International License.
English abstract: Prima facie duties central to W.D. Ross’s concept of ethical conflict and principles of law, which are, in turn, central to R. Dworkin’s individualistic conception of law as interpretation, show similarities in the process of their application. A comparative analysis of prima facie duties and principles of law leads to the conclusion that there is a shared essence underlying the notion of normative conflict (collision of prima facie duties or legal principles in so-called “hard cases”). This essence consists in the assumed importance of the factual situation as a factor determining an ethical and legal choice from among conflicting duties or principles, and the importance of the decision-making subject in resolving the conflict. Factuality and the unique subject (whether the “plain man” or “Judge Hercules”) are the factors that condition the possibility of identifying the proper duty and nonabstract right. Simultaneously, these are the factors that establish normative conflicts as disputes not determinable by an abstractly assumed moral principle; they open normativity to new narratives, to development, and to evolution. They individualize the conflict through the individualized nature of facts and the decision-making subject. Thus, a comparative analysis may lead to the conclusion that the assumption of openness to collisions of principles and duties is an expression of liberal thought, as it is not a narrative that imposes or excludes. Any abstract approach to conflict resolution is inherently oppressive, as it disregards the importance of the decision-making subject and the complexity of factual situations. Individualism opens up the conflict rather than closing it. This is the nature of declarations of individual rights and freedoms – when conceptualized as legal principles, they inevitably expose rights and freedoms to conflict.
Keywords: prima facie duties, principles of law, hard case, collision of principles, pluralism, individualism
Language: Polish
Published: Number 2(43)/2025, pp. 22-41.
DOI: https://doi.org/10.36280/AFPiFS.2025.2.22
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Number of downloads: 228
This text is licensed under a Creative Commons Attribution 4.0 International License.
Welcome to the issue 1(42)/2025 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue begins with acknowledgments addressed to Dr Paweł Skuczyński for his commitment and many years of work in the Editorial Board of the „Archiwum Filozofii Prawa i Filozofii Społecznej” (the text can be found here). The issue includes the following texts:
Articles:
Dr Filip CYUŃCZYK
Constitutionalized by the Past. The Role of National Identity and Collective Sense of Experience in Central European Constitutionalization
Dr Paweł KŁOS
Information Civilization and the Law: Significance of Limiting Factors. Introductory Insights
Dr Paulina KONCA
Judicial Update of the Meaning of a Legal Text in Three Questions
Prof. dr hab. Beata POLANOWSKA-SYGULSKA
Around Selected Themes in the Moral Philosophy of Joseph Raz: Part I
Dr Martyna PŁUDOWSKA, Prof. dr hab. Andrzej SĘKOWSKI
Psychological Competences of Mediators. Selected Aspects of Creative Thinking in the Process of Mediated Conflict Resolution
Dr hab. Tomasz WIDŁAK, prof. UG
Pygmalion’s Digital Dream: An Outline of Legal-Philosophical Problems of Human Digital Twins in Medical Applications
Reviews:
Dr Joanna M. DUTKA
Bartosz Wojciechowski, Tożsamość narracyjna jako warunek autentycznej podmiotowości prawnej [Narrative Identity as a Condition for True Legal Subjectivity], series: Jurysprudencja [Jurisprudence], t. 21, Wydawnictwo Uniwersytetu Łódzkiego, Łódź 2023, pp. 180
The issue is available here.
Articles:
Dr Filip CYUŃCZYK
Dr Paweł KŁOS
Information Civilization and the Law: Significance of Limiting Factors. Introductory Insights
Dr Paulina KONCA
Judicial Update of the Meaning of a Legal Text in Three Questions
Prof. dr hab. Beata POLANOWSKA-SYGULSKA
Around Selected Themes in the Moral Philosophy of Joseph Raz: Part I
Dr Martyna PŁUDOWSKA, Prof. dr hab. Andrzej SĘKOWSKI
Dr hab. Tomasz WIDŁAK, prof. UG
Reviews:
Dr Joanna M. DUTKA
We invite you to read the latest issue of “Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR. The issue includes the following papers:
and the review:
The issue is available HERE.
Articles:
Prof. KUL dr hab. Tomasz BARANKIEWICZ, Prof. UJD dr hab. Bogusław PRZYWORA
On Methodological Unity and Diversity of Legal Sciences: A Contribution to Basic Methodological Research
Prof. US dr hab. Agnieszka CHODUŃ
Argument from Precedent in Legal Interpretation of Texts of Legal Acts from the Perspective of a Derivative Concept of Legal Interpretation
Dr hab. Adam DYRDA
Reflective Legal Positivism
Mgr Marta Zuzanna HUK
Equality of Narrative Inclusion in Decision‑Making Processes: A Deliberative Approach
Mgr Łukasz ŁYŻWA
Ethics of Strategic Voting in Popular Elections
Prof. dr hab. Beata POLANOWSKA‑SYGULSKA
John Gray’s Tree‑Part Philosophical Creed
Mgr Cezary WĘGLIŃSKI
Maurice Hauriou’s Theory of the Institution: Legal Institutionalism and the Science of the State
Prof. dr hab. Jerzy ZAJADŁO
Judicial Disobedience, Justice Lemuel Shaw and Commonwealth v. Aves
Reviews and discussions:
Dr Dawid KOSTECKI
How Much Beauty in Law? How Much Law in Beauty? A Review of Kamil Zeidler’s Aesthetics of Law (Gdańsk–Warszawa 2020, pp. 309)
Abstract: In this paper I discuss the apparent similarities between the “literate approach” and the aspiring “visual media approach”. Then, I scrutinize arguments for utility of the second approach. It seems that even though both approaches are founded on similar humanistic considerations, they are nonetheless separate positions; thus the need to justify the application of the second approach independently of the first. As an important task in due course I consider debunking the arguments in support of accusations of the “law and film” movement of being a threat to law and its legitimacy (as related to the “law going pop” argument by Richard K. Sherwin).
Keywords: law and literature, law and film, law and popular culture, narrative, jurisprudence
Language: English
Published: Number 1(26)/2021, s. 21-32.
DOI: https://doi.org/10.36280/AFPiFS.2021.1.21
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Number of downloads: 616
