Search Results for: community

Abstract: Subject of consideration in this article remains the problem of changing direction of interpretation in judicial-administrative jurisprudence, which sometimes produces consequences similar to the effects of a legislative change. Against this background, the authors attempt to formulate a description of the practice of application of law, i.e. to present jurisprudential arguments supporting decision on the scope of application of interpreted legal norm, as well as to reconstruct underlying assumptions. Using an example of two groups of selected judgments, authors consider cases in which argumentation of the temporal scope of impact of a particular interpretative direction appears in the justifications of administrative court decisions. The analysis carried out confirms that although courts generally assume the retrospective impact of interpretation, in a situation where the content of the derived legal norm fundamentally deviates from previous interpretative practice, they seek legitimization of their actions by justifying the intertemporal decision with constitutional values. These values provide an essential interpretive framework reflecting the cultural model prevalent in the native legal communication community. If courts perceive a risk of violating the values underlying the prohibition of retroactivity, such as legal certainty or principle of trust in public authorities, they indicate reasons for limiting the temporal scope of interpretation pro futuro, or on the contrary, for its effect ex tunc. Against this background, the retrospective effect of interpretation appears not as a consequence of interpretation being made, but rather as a kind of interpretative presumption that can be rebutted or confirmed if arguments are made that allow the interpretation to apply only to future states, or that give additional suport for retrospective application of new interpretation.

Keywords: change of interpretation, temporal limits, administrative courts, retrospectivity, legal certainty, principle of trust in public authorities, justification.

Language: polish

Opublikowano: nr 2(39) 2024, s. 5-18.

DOI: https://doi.org/10.36280/AFPiFS.2024.2.5

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Number of downloads: 320

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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: 332

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Issue 3(36)/2023 „Archiwum…” is now available

Welcome to the English-language issue 3(36)/2023 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue is titled: „Between Legal Theory and Ideology” and is dedicated to the thought of Prof. Józef Nowacki on the centenary of his birth and on the twentieth anniversary of the publication of a collection of his writings titled „Studies in the Theory of Law”. The issue includes the following texts:

Prof. UŚ dr hab. Sławomir TKACZ: Between Legal Theory and Ideology. Introduction
Prof. dr hab. Józef NOWACKI: Normative and Situationist Conception of General Clause of the Principles of Community Coexistence
Prof. dr hab. Tomasz PIETRZYKOWSKI: An Ideal of Scientific Jurisprudence. Józef Nowacki Against Ideological Influences on Jurisprudential Claims
Prof. dr hab. Zygmunt TOBOR: Legality as Compliance with the Intention of the Legislator. The Understanding of Legality in Józef Nowacki’s Works
Prof. dr hab. Kamil ZEIDLER: Law and Values Other Than Moral. On Searching for Inspiration in Józef Nowacki’s Works
Prof. UŚ dr hab. Agnieszka BIELSKA-BRODZIAK, dr Marek SUSKA: Legal Certainty and the Interpretatio Retro Non Agit Principle
Prof. dr hab. Leszek LESZCZYŃSKI: Situationist and Normative Concepts of General Clauses. The Context of Differences and Common Grounds
Prof. UŚ dr hab. Sławomir TKACZ: Situationist and Normative Concepts of General Clauses. Disputes About the Accuracy of Two Approaches to General Clauses in the Light of Józef Nowacki’s Views

The issue is available HERE.

Number 3(36)/2023 [PL]

Prof. UŚ dr hab. Sławomir TKACZ
Between Legal Theory and Ideology. Introduction

Prof. dr hab. Józef NOWACKI
Normative and Situationist Conception of General Clause of the Principles of Community Coexistence

Artykuły:

Prof. dr hab. Tomasz PIETRZYKOWSKI
An Ideal of Scientific Jurisprudence. Józef Nowacki Against Ideological Influences on Jurisprudential Claims

Prof. dr hab. Zygmunt TOBOR
Legality as Compliance with the Intention of the Legislator. The Understanding of Legality in Józef Nowacki’s Works

Prof. dr hab. Kamil ZEIDLER
Law and Values Other Than Moral. On Searching for Inspiration in Józef Nowacki’s Works

Prof. UŚ dr hab. Agnieszka BIELSKA-BRODZIAK, dr Marek SUSKA
Legal Certainty and the Interpretatio Retro Non Agit Principle

Prof. dr hab. Leszek LESZCZYŃSKI
Situationist and Normative Concepts of General Clauses. The Context of Differences and Common Grounds

Prof. UŚ dr hab. Sławomir TKACZ
Situationist and Normative Concepts of General Clauses. Disputes About the Accuracy of Two Approaches to General Clauses in the Light of Józef Nowacki’s Views

The ‘Theatrical’ in Public Participation: How Can Theatre Contribute to Citizens’ Engagement in Legislative Development?

Bartłomiej Bodziński-Guzik

Jagiellonian University in Kraków, Poland

English abstract: The paper is devoted to the notion of public participation and an attempt to propose a slightly different understanding and approach to this than usual. The author acknowledges the potential of theatrical methods, especially the proposal of A. Boal, the Legislative Theatre, whereby the theatre is used to create proposals for legislation, bringing additional value to the participation process. The LT is a point of reference, but the following reflections refer to theatre and performance in a more general sense. The article focuses on the corelations between theatre and different relevant fields of social activity to determine and present potential benefits of using theatre in the process of participation. It is to present a preliminary review of relevant ideas that can stimulate future reflection about theatricalizing participation, rather than presenting a direct and comprehensive proposal.

Keywords: public participation, law, community, politics, legislative theatre, therapy, protest

Language: English

Published: Number 2(35)/2023, pp. 5-19.

DOI: https://doi.org/10.36280//AFPiFS.2023.2.5

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Number of downloads: 424

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Liberty – Equality – Fraternity, or Rudolf Steiner’s Concept of Threefold Society

Prof. UMK dr hab. Marta BARANOWSKA

Mikołaj Kopernik University in Toruń

English abstract: The research objective of the article is to present Rudolf Steiner’s concept of threefold society, as well as to attempt to indicate whether the ideas he raised have a place in the contemporary discourse in social and political philosophy. The research questions to be asked in this context are: is it possible to include Steiner’s views in a specific ideology? Did he consider it possible to realize the ideas of liberty, equality, and fraternity in social life? How did he perceive the relationship between the individual and the community? Achieving the research goal requires analysing and interpreting Steiner’s writings and analysing the scientific literature devoted to this issue. First of all, he believed that the three ideas: liberty, equality, fraternity, are impossible to implement when the social organism is treated as an integral whole. The original solution to this problem was to suggest dividing the social organism into three parts. Each part would implement one of these ideas. The spiritual sphere would be based on freedom from influence of the state and the economy, while the economic sphere would be based on brotherhood and not on the liberal egoistic desire to get rich or on the socialist pursuit of equality. In this context, he also presented a concept that resembles basic income, an idea raised more and more often in contemporary social philosophy. Finally, the political sphere would be based on democratic equality. Steiner emphasized that he was not creating a new ideology because a permanent social order would never be possible. He also introduced an original solution to social philosophy, pointing out that life is not an integral whole and has different aspects. Different priorities can be considered in each of them, which will result in an optimal solution to the individual-community paradox.

Keywords: Rudolf Steiner, threefold social order, anthroposophy, liberty, social philosophy, unconditional basic income, law

Language: Polish

Published: Number 1(34)/2023, pp.5-17

DOI: https://doi.org/10.36280//AFPiFS.2023.1.5

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Number of downloads: 430

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Development of scientific journals 2022-2024

In 2022-2024 publishing of “Archiwum Filozofii Prawa i Filozofii Społecznej” is co-financed from the state budget under the “Development of scientific journals” program of the Ministry of Education and Science (contract number RCN/SN/0263/2021/1).

The total funding value is PLN 75,780.00. The total value of the task is PLN 79,780.00.

The subject of the program is the support of Polish scientific journals in implementing the strategy of their development, including activities aimed at raising the level of publishing and editorial practices, increasing the impact of journals on the development of science and maintaining journals in international scientific circulation.

Co-financing is aimed at, among others, maintenance and extension of international reviewing of papers, promoting the journal in an international scientific community, increasing the participation of papers in English and ensuring full and immediate publishing all papers in open access.

Issue 1(30)/2022 „Archiwum…”: „Constitution and Values – Yesterday and Today” 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 “Constitution and Values – Yesterday and Today”. The issue was edited by prof. UW dr hab. Tatiana Chauvin, and includes the following papers:

Prof. Prof. UW dr hab. Tomasz Stawecki: Piotr Winczorek: Researcher, Teacher and Friend
Szymon A. Gasz, Marek P. Kaczmarczyk: Introduction to the Fidelity to the Constitution
Prof. UMK dr hab. Aleksandra Kustra-Rogatka: Protection of Fundamental Rights as an Argument in the Dispute over the Legitimacy of Judicial Review. Selected Issues
Prof. dr hab. Leszek Leszczyński: General Constitutional Clauses: Between the Legislative Construction and Its Implementation
Dr Wojciech Mojski: Analysis of the Constitutional Crisis from the Perspective of the Constitution’s Axiological Function. Outline of Basic Theoretical Issues
Dr hab. Maciej Pichlak: Polish Disputes Between Populist and Legal Constitutionalism in the Context of Reflexivity of Constitution
Dr Marcin Romanowicz: Instrumentalization of Law and the Constitutional Crisis: Reflection on the Basis of Several Topical Findings of Professor Piotr Winczorek
Dr hab. Anna Rossmanith: The Crisis of Dialogue and Political Community: Philosophical Reflections on the Relationship Between Pluralism, Difference and Dialogue
Dr Paweł Skuczyński: Social Reading of the Constitution of the Republic of Poland versus Constitutional Axiology and Constitutional Social Ontology
Prof. UŚ dr hab. Sławomir Tkacz, prof. dr hab. Zygmunt Tobor: Remarks About the Axiological Dimension of the Polish Constitution of 1997 and Its Interpretation in the Light of Works of Professor Piotr Winczorek

The issue also includes the introduction Constitution and Values – Yesterday and Today: Introduction by prof. UW dr hab. Tatiana Chauvin, and The statement of Presidium of the Association for Philosophy of Law and Social Philosophy – Polish Section of IVR on the aggression of the Russian Federation against Ukraine.

The issue is available HERE.

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Search Results for: community

Dr Tomasz Grzybowski, Dr Marta Sarnowiec-Cisłak

SGH Warsaw School of Economics