Search Results for: participation

The ‘Theatrical’ in Public Participation: How Can Theatre Contribute to Citizens’ Engagement in Legislative Development?

Bartłomiej Bodziński-Guzik

Jagiellonian University in Kraków, Poland

English abstract: 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. Boal, the Legislative Theatre, whereby the theatre is used to create proposals for legislation, bringing additional value to the participation process. The LT is a point of reference, but the following reflections refer to theatre and performance in a more general sense. The article focuses on the corelations between theatre and different relevant fields of social activity to determine and present potential benefits of using theatre in the process of participation. It is to present a preliminary review of relevant ideas that can stimulate future reflection about theatricalizing participation, rather than presenting a direct and comprehensive proposal.

Keywords: public participation, law, community, politics, legislative theatre, therapy, protest

Language: English

Published: Number 2(35)/2023, pp. 5-19.

DOI: https://doi.org/10.36280//AFPiFS.2023.2.5

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Number of downloads: 406

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The Principle of Citizens’ Participation in Criminal Trials and Legitimization of the Justice System

Prof. UAM dr hab. Barbara Janusz-Pohl

Adam Mickiewicz University in Poznań

English abstract: This article deals with the principle of social factor participation in criminal proceedings. In particular, the directival approach to this principle is emphasized, and in that sense, the article seeks to argue about its interpretative role in interpreting the provisions of the Code of Criminal Procedure (CCP). The analysis covers subjective, substantive and temporal scope of the principle of social participation in criminal proceedings. First of all, the concept of sensu stricto, sensu largo and sensu largissimo approaches to the principle of social participation in the criminal trial are distinguished. However, the sensu stricto perspective includes the exercising by citizens of a judicial function in trials, currently carried out in ordinary courts in the form of the participation of lay judges in the panel; the sensu largo approach also includes the implementation of other procedural roles by citizens than the judicial function, while the sensu largissimo aspect approach incorporates participation of non-individualized citizens as audience of the court hearings, as well as implementation of the denunciation function in the criminal trial. The detailed considerations concern implementation of the judicial function. In this respect, Article 28 of the CCP is interpreted, the main research question being whether the participation of the social factor in criminal proceedings under the law in force authorizes the criminal justice system.

Keywords: citizens’ participation in criminal justice, deliberative democracy, principle of social participation, criminal process and citizens

Language: Polish

Published: Number 4(33)/2022, pp. 70-85

DOI: https://doi.org/10.36280/AFPiFS.2022.4.70

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Number of downloads: 307

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The Impact of Constitutional Regulations of the Republic of Poland and the Republic of Lithuania on the Participation of Women in the Public Sphere

Dr hab. Małgorzata Niewiadomska-Cudak

University of Economics and Human Sciences in Warsaw

English abstract: The article analyses the constitutional norm on gender equality referred to in the Constitution of the Republic of Poland of 1997 and the Constitution of the Republic of Lithuania (Lietuvos Respublikos Konstitucija) of 1992. The author tries to answer the question of how the principle of gender equality is enshrined in the two most important normative acts for both countries, which have the highest legal force in the system of legal sources. The scope of research interests therefore includes the issue of constitutional regulations and their impact on the participation of women in the governments of both surveyed countries, their national parliaments, and the European Parliament. The current democratic deficit can be viewed from the point of view of underrepresentation of women in political structures. The participation of women increases the legitimacy of democratic institutions and contributes to reducing gender inequalities in public life. Building awareness of the role of public institutions in the field of equal opportunities regardless of gender corresponds to the principle of social justice, according to which women and men should have equal access to high offices, including the national and European parliaments. Equality and justice are the core values and essence of democracy. A feature of particular importance is gender equality. A reliable basis for defining it is provided by the constitution, therefore the article presents how its provisions may have an impact on women’s participation in the political sphere.

Keywords: constitution, the principle of gender equality, political participation of women, underrepresentation, government, parliament

Language: Polish

Published: Number 2(31)/2022, pp. 70-83.

DOI: https://doi.org/10.36280/AFPiFS.2022.2.70

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Number of downloads: 384

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From Person to Community. The Theory of Participation According to Karol Wojtyła

Dr Wojciech Wojtyła

Kazimierz Pułaski University of Technology and Humanities in Radom

English abstract: The article shows the category of participation as the key, proposed by Karol Wojtyła, to understanding the person-community relationship. The philosopher from Kraków argues that a person fully reveals themselves as a personal being only when they work together with others on the foundation of participation. The capacity for subjective participation, which forms part of the very structure of a person, both determines a personalistic nature of the acts performed by the person, and also enables them to fulfil themselves in relation to others. For Wojtyła, participation is the antithesis of alienation, and its affirmation enables overcoming both the antinomy between the individual and the community, and the one-sided concepts of individualism and collectivism.

Keywords: subject, society, self-agency, self-realization

Language: Polish

Published: Number 4(25)/2020, pp. 103-117.

DOI: https://doi.org/10.36280/AFPiFS.2020.4.103

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Number of downloads: 644

The limits of religious argumentation in the public sphere. Between participation and coercion

Dr Łukasz Mirocha

Nicolaus Copernicus University in Toruń

English abstract: The article is devoted to the question of the presence of religious argumentation in the public sphere. The crucial problem is whether the religious argument should be completely accepted in the public discussion as sufficient basis for e.g. law-making or not, and – if so – what are necessary conditions of the presence of such factor. The author writes about course and results of the debate on pointed issue which has started in The United States in the late 80s of XX century. He also wonders why issues which are rather obvious for the great majority of other liberal and democratic countries involves such emotional discussions in American humanities. One of the author’s observations is that historical examples neither with the positive or negative influence of religion on social life are too weak ground for building any position to the considered problem. In the last part of the article, the philosophical conclusions are compared with the case law of the European Court of Human Rights in regards to the freedom of religion.

Keywords: religious argumentation, public sphere, religious freedom, state neutrality, Robert Audi, civic participation

Language: Polish

Received: 05.10.2016
Accepted: 18.02.2017

Published: Number 2(15)/2017, pp. 38-48.

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Number od downloads: 436

Law, Theatre and Empathy – Already a Legislative Theatre?

Bartłomiej Bodziński-Guzik

Jagiellonian University

English abstract: In this article, I analyse Legislative Theatre from a socio-legal perspective, for the first time in reflections on this topic. By analysing the context of participatory processes, I outline the background for Legislative Theatre, where participation or its manifestations play a significant role. In the article, I both present the origins of Legislative Theatre – as a process used to generate ideas for legal amendments or their implementation – and compare the original assumptions with contemporary challenges or contexts important for legal scholarship. The article focuses on an analysis of the original assumptions of Legislative Theatre, confronting and comparing them, where necessary, with the contemporary approach. At the same time, I claim that Legislative Theatre, despite its name, should be understood in terms of participation, rather than legislation, in particular the ambition to influence the legislative process (initiative). These considerations are one of the first attempts to look at Legislative Theatre as a potentially important theme for both academics and practitioners, for both actors and audiences (if any) of legal systems. At the same time, they are an attempt to embed Legislative Theatre as a theme for a wider reflection of legal scholars, including Polish ones.

Key words: socially engaged theatre, participation, Legislative Theatre, legislation, law

Language: polish

Published: Number 1(46)/2026, pp. 77–95.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.77

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Number of downloads: 176

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The judge as a promoter of peace

Dr hab. Adam Zienkiewicz, prof. UWM

University of Warmia and Mazury in Olsztyn

English abstract: The principal aim of this text is to draw attention to the singular role of a “promoter of peace”, which may be fulfilled nowadays both by a lawyer who provides legal assistance to a client and a judge. Discussing the matter from the standpoint of legal theory, the study will thus first examine the difference between judicial adjudication of disputes and their resolution, including methods based on the practice of peacemaking, which promotes peaceful interpersonal relations and positive personal transformation of the parties to disputes to establish between them a state known as positive peace. Subsequently, a dogmatic-legal analysis will seek to identify selected applicable regulations which offer the possibility of implementing, on the initiative or with the assistance of a judge, amicable modes of resolving legal disputes pending before a Polish civil court. In the final part of the study, the domestic normative perspective in the field of civil law will be supplemented with major model assumptions and objectives of a special type of court, a so-called Problem-Solving Court (developing especially in the USA), where the perpetrator of an offence who is subject to conventional court proceedings, is given an additional opportunity to effectively counter the causes of lawbreaking and conflicts with members of the community (e.g., ones stemming from drug or alcohol addiction abuse or mental disorders), based on the so-called problem-solving program tailored to the individual, which is coordinated by the judge and implemented by an interdisciplinary team of experts. These deliberations lead to the conclusion that the catalogue of legislative solutions in this respect is gradually expanding, creating a real opportunity to choose and apply various conciliatory methods of managing legal disputes, also on the initiative or with the active participation of the judge, who promotes the restoration of peaceful social relations.

Keywords: judge, peacemaker, Alternative Dispute Resolution, problem-solving court

Language: English

Published: Number 2(43)/2025, pp. 120-135.

DOI: https://doi.org/10.36280/AFPiFS.2025.2.120

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Number of downloads: 232

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Issue 2(35)/2023 „Archiwum…” is now available

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.

Number 2(35)/2023 [ENG]

Articles:

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

Development of scientific journals 2022-2024

In 2022-2024 publishing of “Archiwum Filozofii Prawa i Filozofii Społecznej” is co-financed from the state budget under the “Development of scientific journals” program of the Ministry of Education and Science (contract number RCN/SN/0263/2021/1).

The total funding value is PLN 75,780.00. The total value of the task is PLN 79,780.00.

The subject of the program is the support of Polish scientific journals in implementing the strategy of their development, including activities aimed at raising the level of publishing and editorial practices, increasing the impact of journals on the development of science and maintaining journals in international scientific circulation.

Co-financing is aimed at, among others, maintenance and extension of international reviewing of papers, promoting the journal in an international scientific community, increasing the participation of papers in English and ensuring full and immediate publishing all papers in open access.