Karolina Gmerek

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.

Andrey Zvyagintsev’s ‘Leviathan’: The Unbearable State of Nature

Mgr Katarzyna Krzyżanowska

European University Institute, Florence

Abstract: Leviathan by Andrey Zvyagintsev is a movie that depicts the world in a state of nature, with no prospects for creating a Hobbesian social contract. Set in the Russian peripheries, the film depicts a respected and caring family man who is gradually deprived of everything because of lack of political order with enforceable law and justice. The movie is a depiction of a contemporary “failed state”, equalized with the state of nature, where there is no legitimate power and violence remains the only tool to achieve goals both in private and public spheres. Religion consists of empty rituals that serve corrupt officials to maintain power. This world cannot last without innocent victims, scapegoats of the society, one of whom is the protagonist of the movie. This paper offers a legal and philosophical inquiry into the film, as it draws especially on the theory of the social contract proposed by Hobbes. It depicts a Russian town as a symbol of the state of nature as envisioned by Hobbes and describes the reasons why the social contract has not been made. According to Hobbes’s theory, in the state of nature concepts like justice and injustice do not convey any meaning; therefore, this paper investigates other: theological and anthropological concepts, to explore the meaning of Zvyagintsev’s Leviathan.

Keywords: Leviathan, Hobbes, Legendre, Agamben, crisis, ritual, religion, law

Language: English

Published: Number 1(26)/2021, s. 62-75.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.62

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Liczba ściągnięć: 570

Between Justice and Mercy: Comparison of American and Russian Versions of 12 Angry Men

Dr Paweł Jabłoński

University of Wrocław

Abstract: The aim of the article is to thematize two different types of attitudes to the law – which, referring to works by Marek Jan Siemek and Lon Luvois Fuller, I call the “Eastern attitude” and the “Western attitude”. This task is realized by a comparative interpretation of two famous films: 12 Angry Men, directed by Sidney Lumet, and Nikita Mikhalkov’s Russian-language remake of Lumet’s movie, titled 12. I try to show that although these two films tell similar stories, there are significant differences between them in regard to the perception of the law. In the American version, the law is a system of mechanisms that really work and are taken seriously. In the Russian version, the law is, to a large extent, only an appearance, which in reality must be replaced by ethics.

Keywords: law, respect for law, ethics, “West”, “East”, justice, mercy

Language: Polish

Published: Number 1(26)/2021, s. 45-61.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.45

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Number of downloads: 594

Lawyers’ Role Models on the Example of ‘Monkey Trial’ in Stanley Kramer’s Film ‘Inherit the Wind’

Prof. UG dr hab. Tomasz Widłak

University of Gdańsk

Abstract: The article analyses the film Inherit the Wind, directed by Stanley Kramer in 1960, according to a screenplay inspired by events of the so-called Scopes monkey trial, which took place in 1925 in Dayton, Tennessee (US). The filmmakers recreated fairly freely the motive of the controversial ‘trial of the century’, offering the viewers an allegory of political events of the 1950s instead of historical accuracy. At the same time, it was a universal essay on the consequences of institutionalization of ideological and religious fundamentalism. The timeless appeal of Kramer’s motion picture can also be seen in the context of his positive commitment to legal ethics. The plot of the film is a clash of legal professionals, whose personalities are similar to two outstanding lawyers who actually participated in the monkey trial: William Jennings Bryan and Clarence Darrow. Kramer’s film presents a positive role model of a lawyer, that is, defence counsel Drummond, contrasting him with the antihero: a lawyer and politician supporting the prosecution, called Brady. The film personalities of Drummond and Brady are reconstructed from the point of view of virtue ethics, using exemplarist moral theory by Linda Trinkaus Zagzebski, which enables giving a fuller picture of the created personages than in case of a deontic assessment of the moral validity of their individual acts.

Keywords: exemplarism, virtue ethics, legal ethics, virtue jurisprudence, monkey trial

Language: Polish

Published: Number 1(26)/2021, s. 33-44.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.33

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Number of downloads: 524

Jurisprudence Popularized: Between Law, Literature, and Film

Mgr Marta Dubowska

Jagiellonian University in Kraków

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: 581

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