Table of contents
Other materials
- New Challenge to Legal Positivism
In his lecture, delivered at the Department of the Philosophy of Law of the Autonomous University of Madrid on 29 October 1979, H.L.A. Hart directly responds to Ronald Dworkin’s attack on Legal Positivism, launched in Taking Rights Seriously. Read more
- A Prequel to Hart’s ‘Postscript’ – the Missing Link in the Hart-Dworkin Debate
In his translator’s note to the H.L.A Hart’s paper New Challenge to Legal Positivism, Andrzej Grabowski describes the historical details of Hart’s Madrid lecture and the changes of the original Spanish text, introduced in the translation. Read more
- The concept of fairness in the exercise of the profession of advocate
How to understand fairness in the profession of advocate? It is obvious that the concept of fairness includes the lawful behavior. Read more
- Cultural evidence
This article concisely presents the question of cultural evidence and the way it is conducted on the basis of judicial proceedings. It also highlights the distinction in the manner cultural evidence is considered on the basis of common and continental law. Read more
- The Model of Precedent Based upon Analogical Reasoning
Apart from the concise presentation of the rule-based model of binding judicial precedent, this article describes two basic accounts of analogical reasoning in precedential law. The first account has been named: the factual model and the second: the rational model. Read more
- The idea of legal security of Polish inheritance law
The purpose of this paper is to present the issues of legal protection within inheritance law. A court decision made in the case of the ascertainment of inheritance, acquisition, or registered deed of succession, constitute the only proofs of legal succession, so their amendment or revocation is permissible only in the special cases indicated in the Act. Read more
- Rule of law, public philosophy and moral responsibility of scientists
The paper discusses some relationships between the rule of law and the public philosophy. It is unquestionable that nowadays the scientism has become one of the dominant ideologies of industrial and post-industrial societies. Read more
- On responsibility, justification of punishment and theory of punishment as communication
The article concerns the concept of punishment as an act of communication. Some retributivsts (i.e. ‘positive’ retributivists) believe that punishment communicates a censure. Read more
- Objectivity in law – the institutional approach as an alternative to the dominant theories
The aim of the paper is to establish a theoretical elaboration of objectivity in law which would conform exiting linguistic practices in the legal field. It starts from a brief characterization of legal practice in this respect which allows for an exposure of semantic complexity of the term ‘objectivity’ in law. Read more
- Does American jurisprudence have any rules of interpretation of Constitution?
The most discussed issue in the theory of law is the problem of its interpretation, and main question in this topic is – how to make a proper interpretation? The American common-law, opposite the European theory of law, seems not to have general rules of interpretation, but only the idea of proper interpretation. Read more
- A response to T. Grzybowski, „Uniformity of judicature and paradigm of judicial interpretation (in light of clara non sunt interpretanda rule)”
- The principle of equality as a fundamental norm in law and political philosophy, Łódź, 29–30.09.2014 r.