Archiwum Filozofii Prawa i Filozofii Społecznej

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

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Search Results for: legal science

Number 3(18)/2018 [PL]

The Idea of Apolitical Character of Legal Science and Its Crisis

Law, Jurisprudence and the Political: Introduction [PL]
(prof. dr hab. Adam Sulikowski, dr Rafał Mańko, mgr Jakub Łakomy)

Articles:

Dr hab. Joanna KUŹMICKA-SULIKOWSKA
Normative Indication the Method of Taking into Account the Expiration of the Period of Limitation of Claims as a Choice motivated by Social Policy Considerations

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

Dr Rafał MAŃKO
Legal Sciences and the Problem of the Political: The Perspective of Critical Jurisprudence

Dr Jacek SROKOSZ
Republican Party of Minnesota v. White as a Step Towards Greater Politicisation of the Judicial Election in the USA?

Dr Michał STAMBULSKI
The Political in the Polish Analytical Legal Theory

Prof. dr hab. Adam SULIKOWSKI
Apoliticality in Jurisprudence. The Crisis of the Idea and the Phenomenon of Populism

Mgr Mateusz WOJTANOWSKI
Political Character of the Copyright on the Example of its Inconsistency with the Indigenous People’s Vision of the World

Reports:

Dr Rafał MAŃKO
XII Conference of Central and Eastern European Network of Jurisprudence (CEENJ), Riga, Latvia, 14–16 September 2017

Dr Rafał MAŃKO
XXXIII Critical Legal Conference, Milton Keynes, Great Britain, 6–8 September 2018

 

Traditional and modern conceptions of ethical and professional responsibility

Prof. KUL dr hab. Tomasz Barankiewicz

The John Paul II Catholic University of Lublin


English abstract:
The main aim of this paper is to emphasize the changes that took place in late 20th century in the thinking about professional responsibility. Today, mainly under the influence of social sciences, the importance of systemic approaches, such as building the so-called ethical infrastructure, is emphasized. This phenomenon should be seen in the perspective of the growing importance of social responsibility, openness, and transparency in public life. The author argues that in the thinking about professional responsibility there has been a shift from individual, internal, and negative responsibility towards social responsibility, usually expressed in the form of ethical infrastructure. The whole discussion is conducted on three planes: 1) the philosophical one, 2) the sociological one, and 3) that of legal sciences.

Kaywords: professional ethics, social responsibility, professional responsibility of lawyers

Language: Polish

Received: 06.06.2017
Accepted: 06.08.2017

Published: Number 1(16)/2018, pp. 8-20.

Download file: Download

Number of downloads:
450

Filed Under: Articles Tagged With: professional ethics, professional responsibility of lawyers, social responsibility, Tomasz Barankiewicz

Number 2(15)/2017 [PL]

 

Articles:

Dr Michał BARAŃSKI
Personalistic dialogue and cognition of natural law

Dr Arkadiusz BARUT
Court as the incarnation of the People. Deconstruction of the idea of popular constitutionalism

Prof. dr hab. Andrzej MALINOWSKI
A few comments on the formalization of legal reasonings under analogy legis and a contrario

Dr Łukasz MIROCHA
The limits of religious argumentation in the public sphere. Between participation and coercion

Dr Maciej PICHLAK
The ius et lex distinction in the contemporary legal science

Prof. UŚ dr hab. Olga SITARZ, Dr Dominika BEK, Mgr Jakub HANCc
The influence of the conscience clause and cultural defense on the appraisal of the structure of crime

Mgr Wojciech ZOMERSKI
Critical analysis of a judicial discourse on the legal situation of homosexuals in the light of Article 18 of the Constitution of the Republic of Poland

Mgr Mariola ŻAK
Communicative rationality as the basis for the legitimacy of good governance


Reports:

Dr Rafał MAŃKO
III Międzynarodowe Warsztaty o Prawie i Ideologii Rządy prawa a polityka konfliktu, Tbilisi, Gruzja, 23–24 maja 2016 r.

Mgr Konrad KOBYLIŃSKI, Dr Rafał MAŃKO
XXXI Krytyczna Konferencja Prawnicza, Canterbury, Wielka Brytania, 1–3 września 2016 r.

Mgr Filip RAKOCZY
XXII Zjazd Katedr Teorii i Filozofii Prawa Prawo – polityka – sfera publiczna, Wrocław, 18–21 września 2016 r.

 

Guidelines for authors

Considering submitting to the „Archive”? See why publish with us – rating, indexing, no fees and open-access terms in one place.

The Editorial Board invites everyone to submit papers for publication in the “Archiwum”. Below you can find all necessary information concerning submitting papers, the decision-making process of publication, a review procedure, as well as principles of publication ethics. The Editorial Board makes every effort to apply the highest publication standards and to ensure the highest substantive level of the journal.

Paper Submission

Papers in Polish or English are to be submitted via e-mail to an address: archiwum@ivr.org.pl.

Before making a submission please make sure that the paper is within the scope of the “Archiwum” (more here) and that it abides by following requirements.

Each submission must contain a clear indication as to the texts` type and character. “Archiwum” publishes texts in the following categories:

  1. Papers – they should contain original and current results of research. They should not be shorter than 15.000 characters (spaces and footnotes included) and should not exceed 40.000 characters (spaces, footnotes, and references included) in length. This also applies to texts after the review process has been completed.
  2. Translations – only relevant texts considering the journal’s scope and purpose should be proposed for translation. We advise contacting the Editorial Board regarding the possibility of publication before making a submission. Editorial Board places the duty of obtaining permission from an original text’s Author on the Translator, including permission from the possible copyright owners. The translator is obliged to attach these permissions to the submission. Text length requirements concerning papers apply to translations as well.
  3. Reviews and Discussions – they should concern current book publications relating to themes within the scope of the journal or they can be an authorial answer to such a review already published in the journal. The Editorial Board can, under condition of obtaining direct permission by review’s Author, send the review to an Author of reviewed publication for the purpose of preparing an answer (ideally, for the purpose of simultaneous publication of the review and an authorial answer in one issue). These types of texts should not exceed 15.000 characters (spaces and footnotes included) in length.
  4. Reports – they should contain a description and potential evaluation of scientific events important from the point of view of the journal’s scientific aim and scope, such as congresses, conferences, seminars, and symposiums, as well as reports from the handing of important awards and other academic ceremonies. These types of texts should not exceed 10.000 characters (spaces and footnotes included) in length.
  5. In Memoriam – they should contain information about recently deceased people important for Polish theory, philosophy, and sociology of law. These types of texts should not exceed 20.000 characters (spaces and footnotes included) in length.

In justified cases, the Editorial Board can waive the requirements for the length of particular types of texts.

Each paper must contain a title, an author, his/her academic affiliation, ORCID number, and e-mail address, as well as information about possible sources of financial support (grants, funding, etc.).

All submitted papers must abide by the journal’s editorial standards. These standards for texts in English can be found here.

For the purposes of reviewing procedure, all papers ought to be anonymized, and because of that all fragments of the text which could possibly reveal Author’s identity (such as direct references to previous publications, information about sources of financing, initials in footnotes or main text etc.) must be marked with red font.

Each Author, together with the paper submitted for the publication, is obliged to submit a statement which is available here.

The author is obliged to attach the filled author’s form in an editable format including a scan or a picture of a signed copy of the author’s statement to the submitted paper. The author’s form and statement for texts in English are available here. Article’s abstract should be prepared in accordance with the following formula:

  1. Purpose
  2. Assumptions/methodology
  3. Main findings
  4. Originality/value of the study.

Statement on the use of generative artificial intelligence (GenAI)

The “International Journal of the Polish Section of IVR” recognizes the growing role of generative artificial intelligence (GenAI) tools in scholarly, editorial and publishing work. As a scholarly journal committed to integrity, transparency and high academic standards, we publish this statement on the use of GenAI technology.

1) Acceptable uses

Authors may use GenAI tools (e.g. ChatGPT, Gemini, Claude, etc.) for non-substantive purposes such as:

  • assistance with language proofreading or translation,
  • formatting suggestions,
  • improving the clarity and readability of the text,
  • producing abstracts based on the author’s own content.

2) Duty of disclosure

Any significant use of GenAI in the development of the manuscript (e.g. content editing, data analysis, creation of graphics) must be clearly disclosed in a footnote (along with acknowledgements or information on funding sources) or in the methodology section of the article. It should be indicated:

  • the name of the tool used,
  • the nature of its use,
  • the extent to which the tool contributed to the preparation of the paper.

3) Authors’ responsibility

Full responsibility for the accuracy, originality and correctness of the content – including that created with the help of GenAI – lies with the authors. Artificial intelligence tools may not be listed as co-authors. Authors are obliged to verify that their publication does not contain fictitious data, fabricated citations or misinformation.

4) Prohibited uses

It is prohibited to use GenAI for:

  • fabricating results or references,
  • generating content without verifying it,
  • circumventing scientific review procedures or ethical rules.

Such actions may result in rejection of the manuscript or withdrawal of the published article.

The author is also obliged to read the publication ethics and the information about the processing of personal data, which is to be found here.

In case of any questions or doubts, the Editorial Board will gladly answer.

Decision Regarding Publication

All submissions are subject to a preliminary evaluation by the Editorial Board, during which the Editorial Board checks the submitted papers for compatibility with “Archiwum”’s aim and scope, language proficiency, and compliance with editorial standards. The Editorial Board can, at this point, make a decision to reject the paper or to offer the Author corrections to the text for further publication. It does not, however, exclude those criteria again within the reviewing procedure.

All papers submitted to the “Archiwum” are also subject to the anti-plagiarism control tool Similarity Check provided by Crossref. In case of detected plagiarism, such paper is rejected.

Subsequently, all submitted texts accepted for further review will be sent to external reviewers. The result of the reviewing procedure as described below is a basis for the decision about publication or non-publication of submitted paper.

Reviews, polemics, and reports will not be submitted to the external reviews. They will be reviewed by the Editorial Board, which makes the decision about publication or non-publication. The Editorial Board can reject a text of this kind without providing a reason or send it back for authorial corrections before publication.

Reviewing Procedure

Papers submitted to the “Archiwum” are subject to a double-blind review procedure, conducted by two external researchers in jurisprudence and philosophy. The procedure abides the following rules:

  1. The Editorial Board presents papers for review to researchers best suited from the point of view of issues considered in the text, always striving to provide the best possible members of the academic profession for each submission (at least a doctoral degree). In the case in which paper presented for review exceeds reviewers` specialty, they are obliged to inform the Editorial Board without delay.
  2. In the case of papers in English, the Editorial Board is obliged to make every effort to ensure that at least one reviewer is affiliated outside of Poland.
  3. All reviewers are affiliated outside of the academic research center of the Author or Authors, and they cannot remain in a conflict of interest in the matter of the review. In case of detected conflict of interest – involving the discovery of the Author`s identity – reviewer is obliged to inform the Editorial Board immediately.
  4. Reviewers are obliged not to use the submitted papers in their own research up until the time of publication.
  5. Reviewers are obliged to remain impartial and assess only the substantive value of the text. The connection with “Archiwum”’s aim and scope, language proficiency, and compliance with editorial standards can also be evaluated. Reviewers are also obliged to inform the Editorial Board about any proved or suspected case of plagiarism or other violation of scientific ethics principles.
  6. The Editorial Board sets a 21-day date for completion of the review. At the request of the reviewer, or in other special circumstances, another date may be set. Reviewers are obliged to abide by the established term. Serious violations of the agreed date can be a basis for the change of the reviewer.
  7. Reviews are made on the review form which can be found here. The Editorial Board can agree to the reviewer’s request to make a review in individual form, for example as a description or commentary on the text. The review should be exhaustive and must contain an evaluation of all strong and weak points of the paper, which all should vouch for the final conclusion. Four eventual conclusions are acceptable: (1) positive review: paper can be published and any changes are to be left to Author’s choice; (2) positive review: paper can be published only if changes proposed by the reviewer will be introduced to the paper by the Author; (3) negative review: before the decision about non-publication the paper should be reviewed again, in order to verify whether changes proposed in the review were introduced; (4) negative review: paper cannot be published.
  8. The paper is published after obtaining two positive reviews. In case of positive review (type 2), the Editorial Board asks the Author to introduce changes as proposed by the reviewer. In case of one review is positive and another review is absolutely negative (type 4), the Editorial Board sends the paper to a third reviewer. In case of one review is positive and another review is negative (type 3), the Editorial Board presents a choice to the Author: he/she can decide to modify the paper acknowledging review’s criticisms, after which the paper will be reviewed again by the reviewer who prepared negative review, or he/she can decide to send the paper for a review by the third reviewer. The paper is also submitted for the third review in case of the reviewer who previously wrote a negative review would decline another review of corrected paper or would uphold the previous negative review despite the corrections introduced to the text. If the paper would receive two negative reviews, it is declined publication. However, if the paper would receive two negative reviews (type 3), it can be subjected to reviewing procedure again provided by the same or other reviewers.

The list of reviewers is to be found here.

Publication Ethics

The aim of the principles of publication ethics adopted by the “Archiwum”, the journal of the Polish section of IVR, is to ensure that published papers represent the highest standards of scientific integrity and to foster an honest and open scientific discussion which respects the diversity of views and research paradigms. The principles of publication ethics adopted by our journal are in line with the guidelines of the Committee on Publication Ethics (COPE). Regarding the conflict of interests, they are also in line with the recommendations of the Committee on Legal Sciences of the Polish Academy of Sciences (Komitet Nauk Prawnych PAN) concerning the disclosure of conflict of interest in scientific legal publications.

The principles of publication ethics are applied by the Editorial Board and the Editorial Committee. The editors ensure that the standards are also obeyed by authors, reviewers and other people involved in publication process. More information about our policy of assuring highest possible standards of scientific enquiry and our publishing ethics can be found on our website.

Files to download:

  1. Editorial standards for texts in English (HERE)
  2. Author Form and Author Declaration Form for texts in English (HERE)
  3. Information on data protection (HERE)

General information

„Archiwum Filozofii Prawa i Filozofii Społecznej” is a scientific journal in open access, published by the Polish Section of the International Association for Philosophy of Law and Social Philosophy (IVR) in cooperation with University of Gdańsk Publishing House and Wolters Kluwer Polska, devoted to promotion of research on theory and philosophy of law, social philosophy, political philosophy and sociology of law.

Aim and Scope

The aim of “Archiwum” is to publish original and current research results, to create a forum for academic discussion, as well as to promote science in the manner of social responsibility.

The thematic scope of “Archiwum” is broad and includes many different forms of general reflection on law and its environment, primarily: theory and philosophy of law, social philosophy, political philosophy and sociology of law. We encourage authors to publish papers tackling particular branches of law, as long as they provide a significant contribution to the theory and philosophy of law or other aforementioned subdisciplines, or at least apply their methodology.

“Archiwum” is a journal publishing papers and other scientific texts primarily in following fields: law and philosophy. In the Polish Ministry of Education and Science list of scored journals “Archiwum” is further assigned to the following disciplines: international relations, family sciences, ethnology and cultural anthropology, Polish studies (Polonistics).

“Archiwum” is open to various approaches, methodological traditions, perspectives and research trends, both traditional, well established and innovative and pioneering.

More information about goals and thematic range of “Archiwum” can be found here.

If you are considering submitting a text, see Why Publish in the „Archive”, where we have gathered information on rating, indexing, the absence of fees and our open-access terms.

Information about Publisher

As part of its statutory tasks, the Polish Section of the International Association for Philosophy of Law and Social Philosophy (IVR) – a non-profit academic association which connects researchers mainly in fields of legal theory and legal philosophy – publishes the “Archiwum Filozofii Prawa i Filozofii Społecznej”. The association is one of more than thirty national sections of the International Association for Philosophy of Law and Social Philosophy IVR (Internationale Vereinigung für Rechts und Sozialphilosophie), founded in Berlin in 1909. IVR traditionally publishes Archiv für Rechts- und Sozialphilosophie (ARSP). National sections of the IVR publish their own journals as well. “Archiwum” is the Polish counterpart to ARSP.

The Polish section was created on the initiative of Prof. Jerzy Wróblewski, it was registered in 1993 and operates across all universities in Poland. Currently it has several dozen members – including professors, academics and graduate students. Publishing “Archiwum” was one of Polish section’s goals since its inception, however first issue was printed only in 2010 with ISSN number: 2082-3304.

To ensure editorial standards of professional quality and proper distribution of printed version, publisher from first issue to 2025 strictly cooperated with Wolters Kluwer Polska, leading Polish publisher on market of legal publications.

Since 2025, the journal has been co-published by the Polish Section of IVR, University of Gdańsk Publishing House and Wolters Kluwer Polska.

Editorial Board and Editorial Committee

Editorial Board of the „Archiwum” is comprised of General Editor chosen by the General Assembly of Members of  the Polish Section of the International Association for Philosophy of Law and Social Philosophy (IVR), as well as of Deputy General Editor and Managing Editor. Contact with the Editorial Board is possible through this e-mail address: archiwum@ivr.org.pl.

Editorial Board is supported by the Scientific Committee, which includes national members, and by the International Scientific Committee, which includes non-Polish researchers. Members of both committees represent various centers of academic learning, various methodological approaches, perspectives and traditions.

Current list of members of the Editorial Board and both committees, as well as further information about these entities, can be found on our website.

Publishing Ethics

The aim of the principles of publication ethics adopted by the “Archiwum”, the journal of the Polish section of IVR, is to ensure that published papers represent the highest standards of scientific integrity and to foster an honest and open scientific discussion which respects the diversity of views and research paradigms. The principles of publication ethics adopted by our journal are in line with the guidelines of the Committee on Publication Ethics (COPE). Regarding the conflict of interests, they are also in line with the recommendations of the Committee on Legal Sciences of the Polish Academy of Sciences (Komitet Nauk Prawnych PAN) concerning the disclosure of conflict of interest in scientific legal publications.

The principles of publication ethics are applied by the Editorial Board and the Scientific Committee. The editors ensure that the standards are also obeyed by authors, reviewers and other people involved in publication process. More information about our policy of assuring highest possible standards of scientific enquiry and our publishing ethics can be found on our website.

Publishing Procedures

All papers submitted for publication in the “Archiwum” are subject to anti-plagiarism verification by means of Similarity Check systems provided by Crossref.

All papers submitted for publication in the “Archiwum” are subject to double-blind reviewing procedure. Our reviewers are in each case carefully chosen to be most qualified and suited members of the academy in fields of legal theory and philosophy. Reviewers are always chosen from outside of the author’s faculty and they cannot be in conflict of interests with Author/Authors. A paper is published only after two positive reviews. In case in which one of the review proves negative, Editorial Board sends such paper for a third, final review. In case in which both reviews are negative, submitted paper is denied publication. A paper after authorial review can be a subject of new reviewing procedure. A list of previous reviewers can be found on our website.

More information about our publishing procedures can be found on our website.

Publication Frequency

“Archiwum” is currently being published quarterly. In years 2010-2017 two issues a year were printed, and in 2018 and 2019 we published three issues a year.

Evaluation

“Archiwum” is currently included on the ranked list of scientific journals of the Polish Ministry of Science and Higher Education. It is ranked with 100 points in discipline of “legal theory and philosophy”. In 2015-2018 it was included on the B list with 6 points.

“Archiwum” is also indexed in Scopus, ERIH PLUS and ICI Journals Master List.

Open Access

“Archiwum” is an open-access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author (taking into account the content of the Creative Commons Attribution 4.0 International License).

Authors may freely distribute their papers by posting them in repositories or other Internet sources. It is possible to disseminate published versions.

All of journal’s various content is published online without any delays. Starting with the issue 1/2024 the texts published in “Journal of the Polish Section of IVR” are licensed under the Creative Commons Attribution 4.0 International License. 

Papers published in individual numbers can be found on our website and in online repositories: Central and Eastern European Online Library, Central European Journal of Social Sciences and Humanities and Biblioteka Nauki.

Printed Issues

“Archiwum” is also published in printed format (B5 168 mm x 240 mm). It is sent to the members of the Polish Section of the International Association for Philosophy of Law and Social Philosophy (IVR) who regularly pay their membership fees.

Buying of individual copies of printed issues is possible as well. All necessary information about subscriptions or purchase of individual issues are available on Wolters Kluwer Polska website or by direct contact with this publisher, by e-mail (czasopisma@wolterskluwer.pl / prenumerata@wolterskluwer.pl) or by contacting this telephone number: +48 801 04 45 45.

Copyright

Authors do not transfer any copyrights to the publisher (© Copyright by Authors) and do not cover any costs of, for example, publication or reviewing. Along with submitting the text, it is required to consent to publish it under a license Creative Commons Attribution 4.0 International License. The consent is part of the author’s form which is available here. Due to the fact that the journal is published in cooperation with Wolters Kluwer Poland, after accepting the text for publishing, the authors are obliged to grant Wolters Kluwer Poland the same license in written form, under pain of nullity. The editorial board sends the authors an appropriate form along with information about the acceptance of the text for publishing.

After completion of publishing procedure texts are shared through open access. From the issue 2/2021 to the issue 4/2023 the texts published in “Journal of the Polish Section of IVR” were licensed under the Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License. At present authors can freely redistribute files with their texts, including non-profit distribution in the internet, especially in repositories. Authors receive a printed copy of the journal as well, based on the Creative Commons Attribution 4.0 International License.

Prior to issue 2/2021, an exclusive license was used, however, the open access applies retroactively also to texts published in earlier issues.

Financing

“Archiwum” is published by the Polish Section of the International Association for Philosophy of Law and Social Philosophy (IVR) – a non-profit academic association, which connects researchers mainly in fields of legal theory and legal philosophy. Publishing of the journal is not a commercial endeavour.

All costs of publishing procedures conducted by publisher’s partner, Wolters Kluwer Polska, of printing and distribution are covered firstly from publisher’s own financial resources, which consist mainly of membership fees.

Specific issues are also financed or co-financed by external actors, mainly individual academic entities. Such partners have no influence on issues’ content or Editorial Board’s conduct.

In 2019-2021, “Archiwum” was a beneficiary of the program “Support for scientific journals” of Polish Ministry of Science and Higher Education.

In 2022-2024 “Archiwum” was a beneficiary of the program “Development of scientific journals” of Polish Ministry of Education and Science. More information can be found on our website.

Personal Data

We care for your privacy. You can get acquainted with our information about processing of personal data and our information about processing of cookie files.

Why Publish in the „Archive”

The „Archive of Philosophy of Law and Social Philosophy” is the journal of the Polish Section of the International Association for Philosophy of Law and Social Philosophy (IVR). We publish work in legal philosophy, legal theory and social philosophy, in Polish and in English.

Rating and indexing

  • 100 points in the Polish Ministry of Science list of scholarly journals.
  • Indexed in Scopus, ERIH PLUS and DOAJ.
  • Every article receives a DOI registered with Crossref (ISSN 2082-3304).

Terms of publication

  • No fees. We charge nothing for submission, review or publication (no APC).
  • Open access from the day of publication, with no embargo.
  • CC BY 4.0 licence – authors retain copyright.
  • Double anonymous peer review and plagiarism screening of every text.

Scope

We publish work across the whole breadth of the philosophy of law – from the ontology and epistemology of law, through axiology, ethics and the aesthetics of law, to social philosophy and the sociology of law. We are equally interested in legal hermeneutics and phenomenology, the natural-law tradition, critical currents in jurisprudence, the philosophy of criminal and international law, and the history of legal thought. Analytical legal theory is strongly represented: the theory of norms, legal validity, interpretation, conventional acts and constitutive rules, principles of law and disputes over the concept of law. What this means in practice is best shown by our thematic collections and by the page on classics of modern legal philosophy and theory.

The journal has published work on Kelsen, Hart, Dworkin, Raz, Alexy and Finnis, and – from the Polish analytical tradition – on Petrażycki, Ziembiński, Wróblewski, Nowacki and Zieliński.

Visibility after publication

  • Article pages contain metadata compatible with Google Scholar, supporting indexing and accurate citation.
  • Metadata deposited with Crossref, including author ORCID identifiers.
  • Where an article has been published in separate Polish and English versions, the versions are linked to each other and have separate article pages.
  • Each article page carries a ready citation and BibTeX / RIS export.

How to submit

Formal requirements, the review procedure and publication ethics are set out in the guidelines for authors. Submissions and enquiries: archiwum@ivr.org.pl.

Stanisław Brzozowski’s Philosophy of Labour and the Search for a New Sovereign

Mgr Damian Kazimierski

University of Warsaw

English abstract: The Polish constitutional model is founded on the principle of sovereign power vested in the Nation, as expressed in Article 4 of the Constitution of the Republic of Poland. However, such an unequivocal designation of the sovereign proves problematic in practice and has been subject to criticism by a significant portion of legal scholarship. The aim of this article is to propose a revision of the Polish concept of sovereignty of the Nation, said revision based on the philosophy of labour developed by Stanisław Brzozowski. Through an analysis of Brzozowski’s philosophical writings, the article puts forward ways of incorporating the core value of his thought – human labour – into the system of government. A test for legal regulations is proposed, enabling an assessment of these legal regulations in terms of their relationship to the sovereign as understood through the lens of the philosophy of labour, that is, their relationship to the producer or the worker. The sovereign is one whose life does not depend on natural conditions, who is capable of imposing their will upon the world – i.e. the producer. In Brzozowski’s writings, this category is defined in an exceptionally broad manner, setting it apart from the notion of the worker in Marxist theory. This broader definition allows for the inclusion of the self-employed, public-sector employees, and individuals employed in roles not directly linked to production, thus significantly expanding the group of those who may be considered as wielding sovereign power, according to the framework developed based on Brzozowski’s essays. The article offers an original interpretation of Brzozowski’s philosophy of labour, proposing its application in political science and legal theory – fields which have previously been rarely discussed in the context of this philosophy.

Key words: Stanislaw Brzozowski (1878–1911), philosophy of labour, principle of national sovereignty, sovereign

Language: polish

Published: Number 2(47)/2026, pp. 41–58.

DOI: https://doi.org/10.36280/AFPiFS.2026.2.41

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Number of downloads: 85

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Filed Under: Articles Tagged With: philosophy of labour, principle of national sovereignty, sovereign, Stanisław Brzozowski

Between Protection and Restriction: Academic Freedom in the Case Law of Turkish Administrative Courts Through the Lens of Frederick Schauer

Dr. Muhammet Koçakgöl

Social Sciences University of Ankara

Dr. Olcay Karacan

Cukurova University

English abstract: The question of freedom of expression involves more than just the ability to voice an idea; it also encompasses the broader context in which such expression emerges. Nevertheless, in legal discussions the focus is often narrowed to the boundaries of what may or may not be said. These discussions frequently remain confined within a binary framework of restriction versus protection, primarily through legal instruments, and seldom move beyond this limited perspective. In line with Schauer’s view, the legal approach tends to classify and reach definitive judgments “by its very nature”. Yet, as Schauer himself underlines, this does not mean that freedom of expression and/or academic freedom is valuable solely for its own sake. Schauer’s framework, therefore, offers a way to move past the confines of strictly legalistic debates. He provides not only a legal but also a philosophical basis for examining how expression is either restricted or protected.

This article does not attempt to explore the entirety of Schauer’s arguments on freedom of expression. Instead, it concentrates on evaluating how the Turkish administrative judiciary approaches academic freedom of expression, particularly from the point of view of the tension between restriction and protection. The central question it addresses is: What are the protective and restraining dynamics shaping academic freedom of expression in the case law of Turkish administrative courts, especially in the context of the Academics for Peace? Drawing on Schauer’s analysis of the instrumental function of expression and the institutional limits placed on academic freedom, the article argues that the core issue lies not only within the judiciary but also in structural constraints, such as universities and academic hierarchies, that may foster self-censorship.

Keywords:freedom of expression, academic freedom, Frederick Schauer, Turkish administrative judiciary, Academics for Peace, self-censorship

Language: English.

Published: Number 4(2025), pp. 46–57.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.46

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Number of downloads: 220,263

This text is licensed under a Creative Commons Attribution 4.0 International License.

Filed Under: Articles Tagged With: academic freedom, Academics for Peace, Frederick Schauer, freedom of expression, self-censorship, Turkish administrative judiciary

Number 1(38)/2024 [PL]

Articles:

Prof. dr hab. Andrzej BATOR
Beata Polanowska-Sygulska, Harmonia i dysonans. Wokół rozmów z filozofami oksfordzkimi. Remarks about the Book

Dr Hanna DĘBSKA
A Scholar’s Career and Idea Generation Under Conditions of Fundamental Structural Changes. About Leon Petrażycki Once Again

Prof. dr hab. Jolanta JABŁOŃSKA-BONCA
Changes in the Shell of Legal Culture on the Example of Remote Hearings. An Outline of the Problem

Dr Jędrzej JANICKI
Hermeneutical Elements in the Derivational Model of Legal Interpretation

Dr Michał SŁUŻALEC
State Commission for Counteracting Sexual Abuse of Minors under the Age of 15 as a Form of Satisfying the Sense of Public Justice

Dr hab. Andrzej STOIŃSKI
An Analysis of the Distribution of Rights and Duties in Communities in the Face of Complex Compensatory Correlation

Recenzje:

Mgr Karol STAŚKIEWICZ
Wojciech Zomerski, W kierunku demokratycznej nauki prawa? Dogmatyka, edukacja, postanalityczność [Towards a democratic science of law? Dogmatics, education, postanality], Warszawa 2023, ss. 383

Issue 1(38)/2024 of the „Archiwum…” is now available

Welcome to the issue 1(38)/2024 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue includes the following texts:

Articles:

Articles:

Prof. dr hab. Andrzej BATOR
Beata Polanowska-Sygulska, Harmonia i dysonans. Wokół rozmów z filozofami oksfordzkimi. Remarks about the Book

Dr Hanna DĘBSKA
A Scholar’s Career and Idea Generation Under Conditions of Fundamental Structural Changes. About Leon Petrażycki Once Again

Prof. dr hab. Jolanta JABŁOŃSKA-BONCA
Changes in the Shell of Legal Culture on the Example of Remote Hearings. An Outline of the Problem

Dr Jędrzej JANICKI
Hermeneutical Elements in the Derivational Model of Legal Interpretation

Dr Michał SŁUŻALEC
State Commission for Counteracting Sexual Abuse of Minors under the Age of 15 as a Form of Satisfying the Sense of Public Justice

Dr hab. Andrzej STOIŃSKI
An Analysis of the Distribution of Rights and Duties in Communities in the Face of Complex Compensatory Correlation

Recenzje:

Mgr Karol STAŚKIEWICZ
Wojciech Zomerski, W kierunku demokratycznej nauki prawa? Dogmatyka, edukacja, postanalityczność [Towards a democratic science of law? Dogmatics, education, postanality], Warszawa 2023, ss. 383

The issue is available HERE.

Filed Under: News

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