Archiwum Filozofii Prawai Filozofii Społecznej
Journal of the Polish Section of IVR (ISSN:2082-3304)
Language: polish
Published: Number 2(47)/2026, pp. 117–119.
DOI: https://doi.org/10.36280/AFPiFS.2026.2.117
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The new issue No. 2(47)/2026 of the “Archiwum Filozofii Prawa i Filozofii Społecznej” has been published.
The current issue includes articles on Pascal’s reflections on law and justice, determinism and free will in the doctrine of criminal law, Stanisław Brzozowski’s philosophy of labour, the nomos of global taxes, heuristic reasoning in judicial practice, and the risks of behavioural interventions without adequate empirical grounding.
We invite you to read the issue.
The new issue No. 1(46)/2026 of the “Archiwum Filozofii Prawa i Filozofii Społecznej” has been published.
The current issue addresses the presidential power of pardon from the perspective of theories of interpretation and constitutional argumentation, as well as questions of judicial independence, constitutive rules, and methodology in legal research.
We invite you to read the issue.
Report language:Polish
Published in: Issue 4(45)/2025, pp. 128–131.
DOI: https://doi.org/10.36280/AFPiFS.2025.4.128
Number of downloads: 209,905
The text is available under the Creative Commons Uznanie autorstwa 4.0 Międzynarodowe.
Report language: Polish
Published in: Issue 4(45)/2025, pp. 125–127
DOI: https://doi.org/10.36280/AFPiFS.2025.4.125
Number of downloads: 209,905
The text is available under the Creative Commons Uznanie autorstwa 4.0 Międzynarodowe.
Language: Polish
Published: Number 2(43)/2025, pp. 171-174.
DOI: https://doi.org/10.36280/AFPiFS.2025.2.171
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Number of downloads: 158
This text is licensed under a Creative Commons Attribution 4.0 International License.
Language: Polish
Published: Number 4(41)/2024, pp. 113-115
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Number of downloads: 187
Language: Polish
Published: Number 4(33)/2022, pp. 98-99
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Number of downloads: 279
Language: Polish/English/Ukrainian
Published: Number 1(30)/2022, p. 126
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Number of downloads: 294
English abstract: The aim of this paper is to propose a definition of the state of exception within the framework of the philosophy of law. The nature of the state of exception is both a legal and a political one. For this reason, it is a subject of inquiry in various disciplines. As a consequence of its hybrid character, state of exception is hard to define, which leads to definitional scepticism. As a criterial definition is impossible to reach, I believe that it should be replaced with a paradigmatic one. Such a definition should take into account the acquis of, among others, philosophy, history or political science, so that it may apply to different methodological approaches. In order to do so, I present the main definitional groups (state of exception as a normative fact, as a constitutional dictatorship, as a political fact, and as a legal void). Next, using the criteria that are common to all those definitions, I propose and analyse three constitutive elements of the state of emergency: a crisis, a suspension of ordinary laws, and a temporary character of this suspension. The definition I propose can help to assess whether a given state is a form of a state of exception. This is of a particular relevance as emergency laws are nowadays widely discussed in the context of terrorist threats.
Keywords: state of exception, emergency laws, constitutional dictatorship, political crisis, philosophy of law, political theory
Language: Polish
Published: Number 4(25)/2020, pp. 5-16.
DOI: https://doi.org/10.36280/AFPiFS.2020.4.5
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Number of downloads: 634
