Redakcja

English abstract: If we put together and systematize research streams: law in film, law and literature, and aesthetics of law, it is easy to reach the conclusion that we are dealing with related subjects, with a certain overlap in research areas. The broadest term is aesthetics of law, whose scope covers the entire law and literature movement, meanwhile law in film is a more detailed aspect of the latter.

Systematizing the aesthetics of law, we can close it in three aspects: the external one, the internal one, and the one called ‘law as a device for aesthetization’. The aesthetics of law in the external aspect deals with manifestations of law, legal inspirations, legal themes, symbols, signs, which were represented through centuries in fine arts. The subject of the aesthetics of law in the internal aspect is the law itself. The third aspect of the aesthetics of law focuses on law as a device for aesthetization of daily life.

In the law and literature movement, the reflections concern either the inclusion of legislative and legal content in literary works (law in literature), or the literary, including aesthetic, value, of normative instruments, and more broadly, also other acts of applying the law (law as literature). A special case of this research stream is legal cinematography, where a film prepared on the basis of a screenplay is treated as a kind of narrative, justifying the statement that law in film further develops the law and literature movement.

The practical aspect of such research – of legal aesthetics, law and literature, and law in film – concerns mainly the significance and influence on legal awareness, and on shaping the attitudes towards law. The key thing here is approaching the problem of influencing legal awareness through other means than the text of a normative instrument alone.

Keywords: aesthetics of law, law and literature, law in film, legal cinematography, legal awareness

Language: Polish

Published: Number 1(26)/2021, pp. 8-20.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.8

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Number of downloads: 365

„Archiwum Filozofii Prawa i Filozofii Społecznej” in ERIH PLUS

We are happy to announce that our journal has been approved for inclusion in ERIH PLUS. The ERIH PLUS listing of the journal is available HERE.

Issue 4/2020 of „Archiwum Filozofii Prawa i Filozofii Społecznej” is now available

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”, the journal of the Polish Section of IVR, published in Polish, fully in open access. The issue includes following papers:

Mgr Weronika Adamska: State of Exception in the Philosophy of Law. An Attempt at a Definition
Dr Tomasz Barszcz: On Beauty in a Lawyer’s Work
Mgr Michał Janowski: Legal Status of Animals in the Context of Their Biological Categorization
Prof. UŁ dr hab. Jerzy Leszczyński: Law and Morality from the Legal Point of View: Particular Morality and Cooperative Morality
Prof. dr hab. Andrzej Malinowski: In the Margins of the Concept of the Language of Legal Norms
Prof. UR dr hab. Grzegorz Maroń: References to Schools of Legal Thought in the Justifications of Judgments of Polish Courts
Prof. dr hab. Zygmunt Tobor, Dr Mateusz Zeifert: Linguistic Corpora as a Tool of Statutory Interpretation: American Theory and Practice
Prof. UAM dr hab. Michał Wendand: Natural Law Within the Radical Enlightenment
Dr Wojciech Wojtyła: From Person to Community. The Theory of Participation According to Karol Wojtyła

The issue also features a review by mgr Mateusz Wojtanowski of Rafał Mańko’s book on the critical philosophy of adjudication – and a reply by the author himself.

The issue is available HERE.

Issue 3/2020 of „Archiwum Filozofii Prawa i Filozofii Społecznej”: „Public Interest in Current Legal Discourse”

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej” (Journal of the Polish Section of IVR) published in English, and available in full open access. The issue „Public Interest in Current Legal Discourse” was edited by prof. UZ dr hab. Martyna Łaszewska-Hellriegel.

The issue includes following papers:

Dr Mateusz Klinowski: Public Truths and Their Legal Protection
Dr Jan Winczorek: Public Interest and Access to Justice: A Liminal Analysis
Prof. UwB dr hab. Anetta Breczko: “Interest of the Individual” versus “Common Good” and “Public Interest” in the Context of Technological Progress in Medicine
Prof. UZ dr hab. Martyna Łaszewska-Hellriegel: Is Post-Mortem Organ Donation a Duty Towards Society and Can It Be Justified by Public Interest? Recent Bills to Amend the German Transplantation Law
Prof. UG dr hab. Maciej Barczewski, Prof. UG dr hab. Sebastian Sykuna: Improving Global Public Health: Responsiveness to Public Interest Considerations in Intellectual Property Law
Dr Magdalena Łągiewska, Prof. dr hab. Kamil Zeidler: Bruce Lee’s Case: Intellectual Property vs. Free Access to Culture and Protection of Public Interest
Prof. dr hab. Hanna Paluszkiewicz: Is “Public Interest” a Conceptual Category of Contemporary Polish Procedural Criminal Law?
Prof. UR dr hab. Beata Stępień-Załucka: Amendments to the Law on Assemblies Against the Background of the Constitutional Freedom of Assembly in Poland
Dr Dobrochna Ossowska-Salamonowicz: Public and Social Interest in Journalistic Activity

Apart from the introduction, the issue also includes a further discussion on works of Isaiah Berlin between prof. Beata Polanowska-Sygulska and dr Henry Hardy.

The issue is available HERE.

Law and Morality from the Legal Point of View: Particular Morality and Cooperative Morality

Prof. UŁ dr hab. Jerzy Leszczyński

University of Łódź

English abstract: This article describes the relation between law and morality when applied to solving legal problems. The relation in question is not understood solely as a conflict between law and morality which implies a need to decide in favor of one or the other. Indeed, moral contents of law make references to morality not only possible but necessary. The limit for those references is established by legal equality principle. Moreover, an internal variety of morality is being analyzed. Some part of it needs to be secured by law what in itself does not harm social and individual identity, that is, public and private morality is distinguished, then minimal and maximal morality – concepts proposed by Michael Walzer. That idea taken from a legal point of view leads to seemingly best funded proposal: particular and cooperative morality.

Keywords: minimal morality, maximal morality, Walzer, public morality, cooperative morality

Language: Polish

Published: Number 4(25)/2020, pp. 42-53.

DOI: https://doi.org/10.36280/AFPiFS.2020.4.42

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Number of downloads: 220

On Beauty in a Lawyer’s Work

Dr Tomasz Barszcz

John Paul II Catholic University of Lublin

English abstract: The article concerns the relationship between beauty and a lawyer’s professional work. I attempt to: 1) discover and describe the activities that are particular of such work as well as are determined by beauty; 2) characterize the way in which beauty determines these activates; and 3) point out ontological reasons of this determination. The reflections do not, however, include all activities which the lawyer’s craft consists in, but are limited to those in the course of which decisions are made. Beauty determines a lawyer’s work via the process of decision-making; and if a decision is conceived as an act of cooperation between intellect and will, then the decision is related to beauty in three ways. First of all, beauty constitutes a sine qua non for finding out the circumstances in which the decision is made. Additionally, beauty suggests to the decision-maker the options as the optimal means to an end. Finally, beauty influences the approval of a decision already made.

Keywords: beauty, law, decision-making, intellect, will

Language: Polish

Published: Number 4(25)/2020, pp. 17-28.

DOI: https://doi.org/10.36280/AFPiFS.2020.4.17

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Number of downloads: 336

State of Exception in the Philosophy of Law. An Attempt at a Definition

Mgr Weronika Adamska

École des hautes études en sciences sociales

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: 341

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: 371