Prof. dr hab. Krzysztof Płeszka, Dr Michał Araszkiewicz
Published: Number 1(26)/2021, pp. 128-131.
Number of downloads: 277
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
Published: Number 1(26)/2021, pp. 8-20.
Number of downloads: 256
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.
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:
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.
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:
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.
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
Published: Number 4(25)/2020, pp. 42-53.
Number of downloads: 220
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
Published: Number 4(25)/2020, pp. 17-28.
Number of downloads: 276
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
Published: Number 4(25)/2020, pp. 5-16.
Number of downloads: 282
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
Published: Number 4(25)/2020, pp. 103-117.
Number of downloads: 304