Archiwum Filozofii Prawa i Filozofii Społecznej

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

IVR

About the Pro-Constitutional Interpretative Directive In Dubio Pro Vita Humana

dr Wiktor Krzymowski

Koźmiński University in Warsaw

English abstract: The article discusses the interpretative directive in dubio pro vita humana (Latin: „when in doubt, favour human life”), as well as its popularization, including encouraging public administration bodies and courts to apply it more widely. The article aims to answer the following research problems: What are the main sources of the in dubio pro vita humana directive in the Polish legal system? What is its content and its key assumptions? What are the potential implications of its application in legal practice? What is the object-related scope of its application?
The formal-dogmatic method is used in the study.
The interpretative directive in dubio pro vita humana is rooted in the constitutional protection of human dignity, life and health. It is confirmed in the views expressed by legal scholars, as well as in the case law of the Constitutional Tribunal and administrative courts. However, in order to increase the scale of its application in practice, it should be regulated by law. The content of the directive is such that it requires any possible doubts about the protection of human life to be resolved in favour of this protection. Applying this directive is pivotal for ensuring institutional healthcare in Poland by choosing such a result of interpretation of provisions of law that maximizes the protection of human life and health. Its object-related scope of application is most strongly linked to healthcare law, but it is also applicable to the interpretation of provisions in other branches of law (for example, in criminal or welfare law), even if prima facie they do not seem directly related to the protection of human health and life. The results are important not only for Polish law, but also for the interpretation of foreign laws and EU law. It seems that this directive may also find its application outside the legal system – for solving ethical problems. An offshoot of this study is the possibility of referring at least part of the comments made to the legal protection of animals, which may contribute to its strengthening and to development of legal science in this area (in dubio pro vita animalium).

Keywords: interpretation of law, Constitution, health, life, reimbursement

Language: Polish

Published: nr 3(40)/2024, pp. 27-40.

DOI: https://doi.org/10.36280/AFPiFS.2024.3.27

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Number of downloads: 229

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The European Union as a Community of Well-Ordered Peoples? Object-Oriented Interpretation of John Rawls’ Law of Peoples. A Contribution to Future Research

Michał Kordziński

Adam Mickiewicz University in Poznań

English abstract: This article aims to present an interpretative perspective on the concept of the law of peoples, enabling its contemporary conceptualization. According to the main research thesis of the article, the concepts of the object-oriented programming paradigm provide an effective conceptual apparatus for reinterpreting philosophical claims, which, in particular, can be applied to contemporary conceptualization of John Rawls’ law of peoples. In the first part of the article, the relationships between the object-oriented programming paradigm and philosophy in three areas are specified and described: the philosophy of computer science, the philosophy of science, and computational philosophy. The next part presents the key mechanisms of the object-oriented programming paradigm, such as class-object and inheritance. In turn, the third part shows how selected articles of the Treaty on European Union, the Treaty on the Functioning of the European Union, the North Atlantic Treaty, and the Geneva Conventions flesh out the principles of justice specified in the law of peoples. On this basis, the conclusion is drawn that they are related to each other by the relationship of inheritance. In the fourth part, the emergent structure is subjected to object-oriented interpretation, resulting in the recognition of the law of peoples as an unspecified class.

Keywords: law of peoples, object-oriented programming paradigm, object-oriented interpretation

Language: Polish

Published: nr 3(40)/2024, pp. 16-26.

DOI: https://doi.org/10.36280/AFPiFS.2024.3.16

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Number of downloads: 191

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Libertarianism, Jusnaturalist Skepticism, and the Argument from the Legitimate Use of Force

prof. UMK dr hab. Łukasz Dominiak

Nicolaus Copernicus University in Toruń

English abstract: The article analyses the argument from the justified use of force, put forward against jusnaturalist skepticism by Stephan Kinsella. This argument is intended to show that skepticism about natural rights has become entangled in a performative contradiction, because in order to prove that no natural rights exist, it must assume the existence of such rights. The defeat of jusnaturalist skepticism, in turn, is to prove apagogically the existence of natural rights, including the libertarian private property rights. The article shows, using Hohfeld’s analysis method, that the anti-skeptical argument from the justified use of force does not achieve its goals.

Keywords: libertarianism, jusnaturalism, skepticism, natural rights, Hohfeld, Kinsella

Language: Polish

Published: nr 3(40)/2024, pp. 5-15.

DOI: https://doi.org/10.36280/AFPiFS.2024.3.5

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Number of downloads: 210

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Issue 2(39)/2024 of the „Archiwum…” is now available

Welcome to the issue 2(39)/2024 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue includes the following texts:

Articles:

Dr Tomasz GRZYBOWSKI, Dr Marta SARNOWIEC-CISŁAK

Determining Temporal Limits of Court’s Interpretative Decision (in Light of the Case Law of Administrative Courts)

Prof. US dr hab. Robert PISZKO

 Critical Analysis of the Hypothesis About the Usefulness of the Idea of Conceptual Metaphor in the Interpretation of Law

Mgr Kaja PTAK

Reconstruction of the Concept of Interpretative Juristic Presumption

Mgr Zdeněk TRÁVNÍČEK

 Metaphysical Vagueness, Identity of Legal Cases, and the Rule of Law

Dr Julia WESOŁOWSKA

The Scale and Diversity of References to Emotion in Polish Case Law on Personal Injury

Mgr Bartosz WIELECHOWSKI

 Hard to Explain? – Abductive Reasoning in Legal Factual Inferences

 

Reviews:

Prof. UAM dr hab. Marzena KORDELA

Emmanuel Jeuland, Theories of Legal Relations, Cheltenham, Northampton 2023. A Review

 

The issue is available HERE.

A Scholar’s Career and Idea Generation Under Conditions of Fundamental Structural Changes. About Leon Petrażycki Once Again

Dr Hanna Dębska

University of the Commission of National Education in Kraków

English abstract: This paper proposes an approach to scientific biography from the perspective of Pierre Bourdieu’s theoretical project. The choice of Leon Petrażycki (1867–1931), a philosopher and sociologist of law, who might be called an icon of the philosophy of law in Poland, results from the fact that his trajectory gives an insight into the interesting processes taking place in the scientific field, as well as in other social fields at the turn of the century up to the 1930s. Thus, L. Petrażycki is a ‘special case of what is possible’, a ‘product’ of the era. An era marked, on the one hand, by strong geopolitical divisions, corresponding to unequal flows of ideas between national scientific fields, on the other hand, characterized by high fluidity of the boundaries of social fields (science, journalism, politics), between which (up to a certain point) L. Petrażycki adroitly ‘moves’. Petrażycki’s trajectory is also interesting research-wise, as it reveals the influence of social structures on scientific positions occupied and positions takings in discourse. Furthermore, it shows how scientific failure is sublimated. Therefore, the article complements previous perspectives and is programmatic in that it can inspire similar endeavours in the future.

Keywords: philosophy of law, sociology of law, Leon Petrażycki, Pierre Bourdieu, scientific capital, biographical trajectory, scientific field theory

Language: Polish

Published: Number 1(38)/2024, pp. 19-33

DOI: https://doi.org/10.36280/AFPiFS.2024.1.19

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Number of downloads: 337

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Changes in the Shell of Legal Culture on the Example of Remote Hearings. An Outline of the Problem

Prof. dr hab. Jolanta Jabłońska-Bonca

Kozminski University in Warsaw

English abstract: The aim of the article is to demonstrate that the new form (‘shell’) of legal culture in courts, which is currently taking shape during remote hearings (i.e., hearings held via electronic devices with simultaneous transmission of image and sound), has an impact on the operation of legal and extralegal rules of court proceedings. The article uses some of the results of empirical research on remote civil hearings in Poland (participant observation method).

Keywords: shell of legal culture, judicial culture, remote hearings

Language: Polish

Published: Number 1(38)/2024, pp. 34-47.

DOI: https://doi.org/10.36280/AFPiFS.2024.1.34

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Number of downloads: 278

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An Analysis of the Distribution of Rights and Duties in Communities in the Face of Complex Compensatory Correlation

Dr hab. Andrzej Stoiński

University of Warmia and Mazury in Olsztyn

English abstract: The article examines the distribution of rights and duties of justice among entities of unequal status in their mutual relations in communities. The analyses are performed from the perspective of complex compensatory correlation, which is a dicaiological modification of the Hohfeldian legal rights correlation model. The first thesis of the article asserts that alignment of the rights and duties of entities in accordance with the compensatory correlation scheme is a necessary condition for justice in community relations. The second thesis states that an increase in the welfarist positive rights of some citizens is accompanied by an increase in the rights of the government. These proposals are juxtaposed with the image of rights and duties within the family and political community. In the case of entities in family relationships and in some political community relations, one can observe a balance between the rights and duties assigned to them. However, there are also interactions in which some entities have double duties and others have double rights, and therefore, we cannot find there a pattern suitable for a complex compensatory correlation. In such cases, there are deficiencies in the sphere of justice.

Keywords: justice, rights, duties, community, Hohfeld, complex compensatory correlation

Language: Polish

Published: Number 1(38)/2024, pp. 71-82.

DOI: https://doi.org/10.36280/AFPiFS.2024.1.71

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Number of downloads: 288

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State Commission for Counteracting Sexual Abuse of Minors under the Age of 15 as a Form of Satisfying the Sense of Public Justice

Dr Michał Służalec

University of Jan Długosz in Częstochowa

English abstract: The article discusses the actions of the State Commission for Counteracting Sexual Abuse of Minors under the Age of 15, in relation to the public sense of justice. Its aim is to determine whether the regulations adopted in statutory law indeed implement the principle of public sense of justice, as well as whether this principle constitutes an argument in favour of applying new solutions concerning acts committed prior to the date of its entry into force. The research assumptions necessitated an exploration of the meaning of the public sense of justice, as well as justice itself, in conjunction with the response (of the society/state) to human actions. The chosen thematic area has not been previously addressed in legal scholarship, and controversies regarding the instruments available to the Commission should be juxtaposed with its fundamental premise, namely, satisfying the public sense of justice. The article confines itself to juxtaposing the values connected with public justice in the context of selected competencies carried out by the Commission.

Keywords: public sense of justice, Pedophilia Commission, State Commission for Counteracting Sexual Abuse of Minors under the Age of 15

Language: Polish

Published: Number 1(38)/2024, pp. 60-70.

DOI: https://doi.org/10.36280/AFPiFS.2024.1.60

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Number of downloads: 244

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Hermeneutical Elements in the Derivational Model of Legal Interpretation

Dr Jędrzej Janicki

University of Łódź

English abstract: The aim of this article is to demonstrate the possibility of presenting the derivational theory of legal interpretation as a theory of a hermeneutical nature. In order to achieve this goal, I distinguish five elements that can be found both in the derivational model of legal interpretation and in the hermeneutical way of thinking. These elements are: (1) a specific way of treating dis-cretion in interpreting cultural products; (2) the linguistic nature of understanding; (3) the histo-ricity of understanding; (4) the circularity of understanding, and (5) the problem of pre-understanding. In the article, I try to show that the five hermeneutic elements can be found with-in the derivational model of legal interpretation. The aim of the article is not to unambiguously determine whether the derivational model of legal interpretation is a hermeneutical one (this would require the construction of a precise definition of hermeneutics, which I do not undertake in this article), but only to mark certain elements of this theory of interpretation which can also be found in hermeneutic thinking.

Keywords: derivational model of legal interpretation, hermeneutics, circularity of understanding, historicity of understanding, problem of pre-understanding

Language: Polish

Published: Number 1(38)/2024, pp. 48-59.

DOI: https://doi.org/10.36280/AFPiFS.2024.1.48

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Number of downloads: 297

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