Search Results for: community

English abstract: The university, as an intellectual community and space of research, education and development, shapes the academic culture. The aim of education is to provide law graduates with knowledge – undoubtedly crucial for practicing the profession, but also with competences and skills enabling them to participate in the legal culture. Deliberation is a process in which, through conscious, responsible and cognitively-oriented action, a rational, but also reflective change is possible, taking into account both the preferences of entities and, at the same time, the dynamics of the changing world around them. An organization of the university based on the philosophy of deliberation is in line with the academic tradition based on cognitive autonomy, understood as the right of researchers and students to freedom of learning and teaching.

Keywords: deliberative philosophy, legal education, legal culture

Language: Polish

Published: Number 4(29)/2021, pp.30-44

DOI: https://doi.org/10.36280/AFPiFS.2021.4.30

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Number of downloads: 728

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

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: 422

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

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.

Number 4(25)/2020 [PL]

Articles:

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 WENDLAND
Natural Law Within the Radical Enlightenment

Dr Wojciech WOJTYŁA
From Person to Community. The Theory of Participation According to Karol Wojtyła

Reviews and discussions:

Mgr Mateusz WOJTANOWSKI
Removing a Spell by Spell? Some Remarks Regarding Rafał Mańko’s Monograph on the Critical Philosophy of Adjudication

Dr hab. Rafał MAŃKO
A Judge Between the Reality of the Political and Ethical Imperatives: A Reply to the Review by M. Wojtanowski

Transitional Justice and the Constitutional Crisis: The Case of Poland (2015–2019)

Dr Michał Krotoszyński

Adam Mickiewicz University in Poznań

English abstract: During the last four years the situation in Poland has been a matter of interest to the worldwide legal community mostly due to the constitutional crisis. Yet, the years 2015–2019 were also a time of a revival of transitional justice measures, such as cleansing the public sphere of communist symbols, remodelling of lustration law, and further reduction of pensions of communist secret service employees and officers. In this paper I argue that these spheres are interconnected and that Poland’s constitutional crisis has a transitional justice dimension. I start with an overview of retrospective instruments dealing with the communist past introduced in the last four years. Next, I turn to the constitutional crisis itself, discussing its possible explanations and transitional justice aspects. In the end I claim that the dramatic constitutional backsliding that Poland has recently experienced can be explained not only as a power grab, but also as a result of the tension between the rule of law and the principle of individual responsibility on one hand – and the resort to collective accountability in an attempt to get what the government sees as justice on the other.

Keywords: transitional justice, lustration, decommunization, Poland’s constitutional crisis, Polish Supreme Court, rule of law, sincerity principle

Language: English

Published: Number 3(21)/2019, pp. 22-39.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.22

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Number of downloads: 889

The Political Character of the (Theory of) Interpretation of Law. Stanley Fish’s Neo-pragmatist Perspective

Mgr Jakub Łakomy

University of Wrocław

Abstract: In this paper, I analyse the political character of the interpretation of law and the political nature of the theory of legal interpretation from Stanley Fish’s neo-pragmatist perspective. In the first part of the text, I define the concept of politics and the political, borrowing from Chantal Mouffe. I clearly distinguish between the political, politics, and policy; this article uses the first concept (the political). In the second part of the article, I characterize hermeneutic universalism as one of the approaches to the problem of legal interpretation.

In the third part, following the characteristics of the concepts of interpretive communities as defined by Stanley Fish, I draw conclusions about the political nature of the interpretation of law and the theory of the interpretation of law. In conclusion, I analyse the possibilities of building a theory of legal interpretation that internalises the inherently political character of knowledge by analyzing the concept of post-analytical philosophy proposed in literature by Andrzej Bator.

Keywords: jurisprudence, the political, neopragmatism, interpretive community, hermeneutic universalism, interpretation

Language: Polish

Received: 13.06.2018
Accepted: 13.08.2018

Published: Number 3(18)/2018, pp. 24-37.

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Number of downloads: 615

Court as the incarnation of the People. Deconstruction of the idea of popular constitutionalism

Dr Arkadiusz Barut

University of Wrocław

English abstract: The subject of this article is an analysis of the idea of popular constitutionalism formulated in American philosophy of law. The starting point for the author is to identify the lack of legitimacy of contemporary government, and consequently its product – the positive law. The solution to this problem is supposed to be the idea of deliberative politics, based on social discussion and responsive law, created through the activity of many subjects, reflecting differentiated identities and ways of seeing the world. Deliberative politics and the responsiveness of law may, however, mean either a social reality, real discussion on law and politics, or a regulatory idea which the activities of elite bodies may advance. In American philosophy of law, the idea that popular constitutionalism was to respond to the postulate of legitimisation of the law by providing the public, and in particular, representatives of ’new social movements‘ such as ‘the civil rights movement‘ in the 1960s, direct participation in its creation and application, was an expression of concern also expressed by the authors of the left in the face of the law-making judgments of the Warren Court. The reformulation of this idea, made in particular by Bruce Ackerman, or its identification with American Supreme Court’s jurisprudence, is an expression of a change in understanding or even deconstruction of fundamental political and legal ideas such as representation and democracy. The consequence is the detachment of the concept of the People from a relation to a particular empirical community. This process appears as an aspect of the ideological phenomenon that goes beyond the American context, i.e. legitimacy, according to the criterion of realizing the slogan of protection of human rights, of elitist bodies. The examples are: the conceptions of Pierre Rosanvallon, and Dominique Rousseau. The author of the article points out the dangers of this movement. The radical shifting of the meaning of words causes irrationalisation of public discourse, and the legitmisation of the role of played by constitutional court as a defender of human rights can exclude all possibilities
of the criticism of its lawmaking.

Keywords: philosophy of law, theory of democracy, popular constitutionalism, Bruce Ackerman

Language: Polish

Received: 22.05.2017
Accepted: 08.08.2017

Published: Number 2(15)/2017, pp. 13-25.

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Number of downloads: 438

A Note on Legal Education, Its Specific Features and Related Myths

Prof. dr hab. Małgorzata Król

University of Łódź

Abstract: The question of legal education is recognised as important along various dimensions and thus has been in the focus of attention of numerous distinguished legal scholars and practitioners all over the world. The problem of legal education includes not just methodological issues, but also the issues that are par excellence philosophical in nature. Legal education has a specificity that arises from the nature of law and its complexity, and is related to the personal dimension of this education. The process of education should be organised in such a way that students should be in contact with members of the legal community whose authority, moral and subject matter-related attributes play a vital, formative role in legal education. The author tries to confront the didactics-related reality with ideals and postulates present within this field. Yet, it is revealed that such a reality is hidden below a “thick layer” of myths, which have grown around legal education. These myths blur the real picture of lawyers’ education, creating a kind of legal education mythology. Two types of systemic legal myths are indicated. The first one is built on the paradigm of university legal education. The other type is based on the paradigm of university studies.

Language: English

Keywords: legal education, nature and complexity of law, personal dimension in legal education, legal community, myths

Published: Number 2(13)/2016, pp. 14-27.

DOI: https://doi.org/10.36280/AFPiFS.2016.2.14

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Number of downloads: 637

Ronald Dworkin’s Philosophy of International Law

Dr Tomasz Widłak

University of Gdańsk

Abstract: During his academic career Ronald Dworkin did not show much interest in the fundamental philosophical questions on international legal issues. This had changed towards the end of his life when he wrote an article titled „A New Philosophy for International Law” published posthumously. The aim of this article is to summarise the key arguments of Dworkin’s approach, address some of its critics as well as to suggest the possibility of further development of this discussion in the context of current global constitutionalism. In the first part, three thesis of Dworkin’s approach are reconstructed. The first one claims that international law requires interpretative understanding which should be grounded in the political morality of the international community. The second thesis can be formulated as follows: the legitimacy of political power at the national and international levels is uniform. The third thesis demands the implementation of the principle of salience in international law as the basic structural principle. After discussing critically Dworkin’s theory, in second part the article proposes a constitutional interpretation of the new philosophy for international law. Two conditions of global constitutionalism have to be satisfied by the theory in order to consider it as a constitutionalist approach. The first condition is the primacy of individual rights and second is the primacy of constitutional norms within the system. The conclusion is that the conditions are satisfied for Dworkin’s new philosophy of international law and his principle of salience is in fact a deeply constitutional arrangement based on moral justification. Dworkin’s proposal constitutes only a rough sketch, however there is a potential for developments. Lawyers and philosophers have at least an intellectual responsibility for building new viable theoretical models for international law.

Keywords: Ronald Dworkin, international law, international society, principle of salience, global constitutionalism, constitutionalization of international law, international legal theory, global law

Language: Polish

Published: Number 1(12)/2016, p. 64-77.

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Number of downloads: 541

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