Archiwum Filozofii Prawa i Filozofii Społecznej

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

IVR

Back to the Past? The Evolution of the Legal Mechanisms Influencing the Collective Memories in Spain from the Central European Perspective

Dr Filip Cyuńczyk

SWPS University of Social Sciences and Humanities

English abstract: The article’s primary goal is to conduct case studies of Spanish memory policies introduced after 2007 and its comparison with CEE countries activities in the same field. The primary research hypothesis is: Do several case studies of several memory policies implemented in postcommunist states help examine the Spanish model of dealing with the past reformulation? This paper intends to show similarities and differences between Spanish and Central and Eastern European models of dealing with the past, which both are using legal means. I present some of the specific elements of postcommunist constitutionalisation in CEE, including memory narrations locations in several constitutions in the region. I also show the impact of memory narrations on individual states’ institutional policies from the CEE and the Kingdom of Spain. Finally, I show the hidden potential for Spanish political community reconstruction located in the memory laws.

Keywords: memory laws, juridification of the memory, collective memory, constitutionalism, democratic transtion

Language: Polish

Published: Number 3(28)/2021, pp. 22-38

DOI: https://doi.org/10.36280/AFPiFS.2021.3.22

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Number of downloads: 332

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The Systematization of Legal Values around Justice

Prof. M. Isabel Garrido Gómez

University of Alcalá

English abstract: This article underlines the centrality of justice when understanding it as an overarching value that globalizes and systematizes all the others. In particular, it analyzes what happens with legal security as a formal enshrinement of justice, and freedom and equality as its material manifestations. From this point of view, it becomes clear that the resulting systematization depends on the type of State currently in force. This is joined the diverse ways of understanding justice and the evaluation of the validity-justice relationship depending on the different ways of understanding it. Likewise, the ways of understanding the justice-law connection are linked to the concept of the Law that we uphold. Finally, it is concluded that legal operators are called to administer justice in a complementary regime, with legal security serving to reinforce freedom, as is the case with regard to equality.

Keywords: Systematization, legal values, justice, complementarity of values, legal operators

Language: English

Published: Number 3(28)/2021, pp. 39-53

DOI: https://doi.org/10.36280/AFPiFS.2021.3.39

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Number of downloads: 385

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Identification of Conventional Acts in Law as a Process of Recognizing Their Sense: An Introduction

Dr Karolina Gmerek

University of Szczecin

English abstract: From the very beginning, reflection on the sense of conventional acts (in law) accompanies theoretical considerations on conventional acts. On the one hand, that discussion can be considered developed and multi-threaded, and on the other hand, it is still open. This study is a voice in that discussion. The main aim of the article is to preliminary elaborate the identification process of conventional acts in law. The article also seeks to meet complementary research objectives which concern: 1) identifying the ways of understanding the meaning of conventional acts in the general theory of law, paying attention to the relationship between the definitions of the term “conventional act” and the understanding of the meaning of this type of acts, 2) considering problems of meaning levels of the conventional acts in law, and 3) describing the basic methodological assumptions of the conventional acts in law identification process. Particular attention is paid to the relationship between the way of defining the term “conventional act” and the identification process of this type of acts. Showing importance of this relationship allows to establish the proper place of the identification process within the concept of conventional acts in law and somehow “opens” the concept to issues which have not been, in the concept, the subject of systematic considerations.

Keywords: conventional acts, conventional acts in law, sense of conventional acts in law, conventional acts in law identification process

Language: Polish

Published: Number 3(28)/2021, pp. 54-68

DOI: https://doi.org/10.36280/AFPiFS.2021.3.54

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Number of downloads: 470

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Hegel’s Critics on Legal Profession

Mgr Maksymilian Hau

University of Warsaw

English abstract: The aim of the article is a question about the actuality of the Hegelian concept of law, presented in the Principles of the philosophy of law. For Hegel, the law is the most important element in the structure of a capitalist society, because it funds the mutual recognition of individuals, which gives social relationships a foundation not in the dialectic of rule and servitude, but in the submission of all authorities to general legal norms. The analysis of selected contemporary practices that allow for the choice of jurisdiction calls into question the Hegelian concept, since these practices show that the general principle is broken – abstract norms of law no longer have to apply to everyone. The second part of the article is devoted to the analysis of criticism of legal profession to which Hegel accused the responsibility for alienating the law from society and thus blurring the relationship between law and freedom. The question will be asked whether Hegel’s criticism can be applied to contemporary problems in the relationship between law and society. Whether the law continues to be, as Hegel wanted it to be, a rational means of meeting the needs of individuals, or whether, on the contrary, it is increasingly becoming a source of exploitation.

Keywords: Hegel, Principles of philosophy of law, recognition, exploitation, legal profession

Language: Polish

Published: Number 3(28)/2021, pp. 69-81

DOI: https://doi.org/10.36280/AFPiFS.2021.3.69

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Number of downloads: 286

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The Concept of Rationality and the Rationalization of Law in the Works of Max Weber

Mgr Konstanty Kuryłowicz

University of Bialystok

English abstract: The magnitude of Max Weber’s work is overwhelming. However, with it, comes its great insight into the social reality. Reinhard Bendix has called Weber the magical name of the modern social sciences. Agreeing with this claim, The Author of this article takes on one of the fundamental problems of the social sciences – the problematic concept of rationality. This concept remains a key element of the works of Max Weber. Therefore, the purpose of this work is to analyze the intricacies of its definition by the famous German scholar. First comes the analysis of the multiplicity of contexts in which Weber makes the use of the term rationality and the rationalization. Then, after the realization of the impossibility of a precise definition of the rationalization without taking the context into account, the transition to the rationalization of law follows. The look at the division of rationalization of law into various planes on which it can manifest its rationality or irrationality (be it the material or formal aspect) is concluded with the summary, where The Author poses questions about certain issues that require further research.

Keywords: disenchantment, irrational, law, rationalism, rationality, rationalization, Weber

Language: Polish

Published: Number 3(28)/2021, pp. 82-94

DOI: https://doi.org/10.36280/AFPiFS.2021.3.82

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Number of downloads: 436

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Harmony and Dissonance. Isaiah Berlin’s and Leszek Kołakowski’s Visions of Ethical Life

Prof. dr hab. Beata Polanowska-Sygulska

Jagiellonian University in Kraków

English abstract: The aim of the article is to carry out a parallel analysis of Isaiah Berlin’s and Leszek Kołakowski’s ethical visions. Special attention is given to the ideas developed by both thinkers in their early two essays, both published in 1958, though their later works are also taken into account. Juxtaposition of several threads inherent in their essays, backed by appropriate excerpts from their work, leads to the following conclusions. Both philosophers draw stunningly similar visions of moral life. Both of them dissociate themselves from ethical monism and from ethical relativism. However, Berlin’s standpoint, named by him value pluralism, is of strictly empiricist and thus anti-metaphysical character, while Kołakowski claims that in ethics there is no escape from metaphysics.

Keywords: Isaiah Berlin, Leszek Kołakowski, value pluralism, ethical monism, ethical relativism, empiricism, myth

Language: Polish

Published: Number 3(28)/2021, pp. 95-106

DOI: https://doi.org/10.36280/AFPiFS.2021.3.95

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Number of downloads: 511

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Norms and Novelty: Reflections on Legal Knowledge, Norms and Evolutionary Systems

Prof. dr Giovanni Tuzet

Bocconi University in Milan

English abstract: The paper has three sub-topics: legal knowledge, legal norms, and evolutionary systems. The three are interconnected. A reflection on the nature of legal knowledge throws light on the nature of legal norms. Legal knowledge is largely a posteriori and it is so because norms are largely contingent. Being a realm of continual change, law has novelty as a fundamental feature. The process of legal change is not driven by chance but by the attempt to face ever new problems and changing circumstances. This supports a view of legal systems as adaptive and evolutionary, as classical pragmatism suggested. However, inference can give some a priori legal knowledge.

Keywords: inference, legal knowledge, legal norms, novelty, pragmatism

Language: English

Published: Number 2(27)/2021, pp. 108-122.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.108

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Number of downloads: 411

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