Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR

Issue 3(32)/2022 “Archiwum” is available

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: 

  • 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
  • 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
  • dr hab. Jerzy ZAJADŁO: Judicial Disobedience, Justice Lemuel Shaw and Commonwealth v. Aves

and the review:

  • 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)

The issue is available HERE.

Piotr Winczorek: Researcher, Teacher and Friend

Prof. UW dr hab. Tomasz Stawecki

University of Warsaw

English abstract: This article was written to commemorate Professor Piotr Winczorek, who passed away on 9 February 2015. He was associated with the Faculty of Law and Administration of the University of Warsaw for over 50 years. However, the article focuses on three dimensions of Professor’s academic activity: those of a researcher, teacher and friend. Piotr Winczorek’s scientific interests evolved. Initially, he studied the functioning of political parties, especially in Poland during the communist regime. In this context, he tried to study various forms of social and political pluralism. In the 1980s, Piotr Winczorek concentrated on the issues of legal theory, developing his own approach to legal realism. After 1989, Professor focused on issues of public law, especially on axiological assumptions and the practice of constitutionalism, particularly the primacy of the constitution in the legal order, the rule of law, the separation of powers, and equality before the law. Piotr Winczorek was also an extraordinary teacher. He conducted classes with students, initiated new subjects and new curricula. He wrote several textbooks and coursebooks for students, including the textbook Introduction to Jurisprudence, which had 14 editions published over the past 30 years. Professor was also known for his many articles and commentaries on constitutional issues. For his younger colleagues, Piotr Winczorek was a true friend. He would invite them on a daily basis to cooperate, do joint research, and publish together. He also showed great civil courage in defending us against bureaucratic or political attacks. His honesty and wisdom is still remembered well beyond the walls of the University of Warsaw.

Keywords: Piotr Winczorek, researcher, teacher, friend, legal theory, constitutionalism

Language: Polish

Published: Number 1(30)/2022, pp. 8-16

DOI: https://doi.org/10.36280/AFPiFS.2022.1.8

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Number of downloads: 129

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Polish Disputes Between Populist and Legal Constitutionalism in the Context of Reflexivity of Constitution

Dr hab. Maciej Pichlak

Uniwersytet Wrocławski

English abstract: The article aims to analyse legal constitutionalism and populist constitutionalism as two dominant ideological positions in the constitutional discourse of the last decades. The analysis is focused on the exemplifications of these positions in writings of selected Polish legal scholars, in the context of the Polish constitutional crisis of the rule of law, and conducted from the perspective of the philosophy of reflexivity. This theoretical and methodological approach enables demonstrating that the two examined doctrines – despite all the differences between them – share common erroneous assumptions regarding the relationships between law, democracy, and constitutional practice. Both of them strive to shape this practice in a closed-end and monological manner, subjected to one particular type of rationality. For legal constitutionalism, this will be juridical rationality, and for its populist counterpart – political rationality. This shared fallacy makes their ongoing dispute futile. An alternative approach to constitutionalism is to take into account the fundamental reflexivity of constitutional practice (regarded as the practice of creating, applying and interpreting a constitution, and of public debate on its text). In line with the general characteristics of reflexivity, constitutional practice appears as an open and pluralistic process, mediating between different viewpoints in society. Such an alternative is important not only when considering the Polish constitutional disputes, but also in the broader context of the contemporary crisis of liberal-democratic constitutional orders.

Keywords: legal constitutionalism, populist constitutionalism, reflexive constitutionalism, reflexivity of law, constitutional crisis, crisis of the rule-of-law state, crisis of the rule of law

Language: Polish

Published: Number 1(30)/2022, pp. 63-73

DOI: https://doi.org/10.36280/AFPiFS.2022.1.63

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Number of downloads: 131

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Issue 4(29)/2021 of „Archiwum Filozofii Prawa i Filozofii Społecznej” is now available

We invite you to read the latest English issue of “Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR. The issue includes the following papers:

  • Prof. dr Stanley L. Paulson, Hans Kelsen as Outliner: The Defence of a Radical Norm Theory (translated by prof. dr hab. Tomasz Gizbert-Studnicki)
  • Dr Anna Budzanowska, From ‘Theophrastus Redivivus’ to Du Marais. Origin of Secularization in the Underground Philosophy of Radical Enlightenment in France
  • Dr Aneta Jakubiak-Mirończuk, Deliberative Legal Education. Reflection on the Relationship Between the University and Legal Culture
  • Mgr Zuzanna Krzykalska, The Account of the ‘Nature of Things’ in Gustav Radbruch’s Method of ‘Legal Construction’ in the Context of Assumptions of Legal Positivism
  • Dr Tomasz Snarski, A Wisdom of Chinese Aphorisms. A Few Remarks on the Philosophy of Criminal Law between Chinese and European Rudimentals
  • Mgr Michał Stachurski, From Tischner’s Critique of the Understanding of Work in Marxism to the Apotheosis of Work as Dialogue
  • Bartosz Szyler, On Gustav Radbruch’s Notion of Antinomies of the Idea of Law

The issue also includes the report from the International Scientific Conference: Professionalization of the Profession of Mediator: Current State and Perspectives of Changes in the Legal Systems of Poland and Ukraine, Lublin–Łuck–Odessa, 20 May 2021, by dr Paweł Kłos.

The issue is available HERE.

Call for Papers: General English Issue – 31.01.2022

Archiwum Filozofii Prawa i Filozofii Społecznej, Journal of the Polish Section of the IVR, is open for submissions for its forthcoming general English issue, which will be published as one of issues during 2022 year. Submitted papers may cover all topics falling within the scope of the journal, including legal theory, philosophy of law, sociology of law, social philosophy, political philosophy and legal ethics. However, the subject of the text should be of interest to an international reader.

Papers should be written in English and should not be longer than 45.000 characters (spaces and footnotes included). Together with the paper please send us the author form and author declaration form. The forms, together with important information on the editing and the review process, can be found HERE. We encourage non-native English speakers to proofread the text before submitting it to the journal. The papers should be sent to archiwum@ivr.org.pl. The deadline for the submission is January 31, 2022.

English issue 2(27)/2021 of the Journal of the Polish Section of IVR is available

We invite you to read the latest English issue of “Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR. The issue includes the following papers:

  • Dr Martin Hapla: The Problem of Recognition of Human Rights: Does Explicative Existential Justification Really Work?
  • Dr Maciej Juzaszek: Philosophical Analysis of Two Types of Legal Responsibility
  • Dr Dawid Kostecki: Ethics of a Public Administration Official in Poland: Prospects for the Development of Professional Deontology
  • Doc. dr Pavel Ondřejek: Threshold of Justification of Emergency Regulations: On Coherentism Requirement for the Justification of Measures Adopted in the Czech Republic during the COVID-19 Pandemic
  • Dr Łukasz Perlikowski: A Theory of Argumentation: The Case of Ethical, Political, and Utopian Thinking
  • Prof. dr hab. Tomasz Pietrzykowski: Against Dignity: An Argument for a Non-Metaphysical Foundation of Animal Law
  • Prof. dr Torben Spaak: Legal Realism and Functional Kinds: Michael Moore’s Metaphysically Reductionist Naturalism
  • Prof. dr Giovanni Tuzet: Norms and Novelty: Reflections on Legal Knowledge, Norms and Evolutionary Systems

The issue also includes the text In Memoriam of prof. dr hab. Ryszard Sarkowicz by prof. dr hab. Tomasz Gizbert-Studnicki.

The issue is available HERE.

Issue 1(26)/2021 „Archiwum…”: „Law and Film” is available

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR entitled “Law and Film”. The issue was edited by dr Paweł Jabłoński and dr hab. Maciej Pichlak, and includes the following papers:

  • Prof. dr hab. Kamil Zeidler: Law in Film as a Manifestation of Aesthetics of Law and a Special Case of Law and Literature Movement
  • Mgr Marta Dubowska: Jurisprudence Popularized: Between Law, Literature, and Film
  • Prof. UG dr hab. Tomasz Widłak: Lawyers’ Role Models on the Example of “Monkey Trial” in Stanley Kramer’s Film “Inherit the Wind”
  • Dr Paweł Jabłoński: Between Justice and Mercy: Comparison of American and Russian Versions of 12 Angry Men
  • Mgr Katarzyna Krzyżanowska: Andrey Zvyagintsev’s Leviathan: The Unbearable State of Nature
  • Mgr Szymon Osmala: They Live… and They Make Consumer Law a Poor Instrument of Distributive Justice
  • Mgr Karolina Kocemba: Fairytale (R)Evolution? Women’s Rights and Disney Movies
  • Mgr Mateusz Grabarczyk: Pasikowski’s “Pigs” as an Illustration of Vetting in a Transitional Society
  • Mgr Marlena Drapalska-Grochowicz: Recognizing, Overlooking, Ignoring: On the Legislator’s Attitudes Towards Actual Closeness

The issue also includes the introduction Law and Film: Introduction by dr Paweł Jabłoński and dr hab. Maciej Pichlak, and the text In Memoriam of dr Maciej Kłodawski by prof. dr hab. Krzysztof Płeszka and dr Michał Araszkiewicz.

The issue is available HERE.