Table of contents
Other materials
- On Methodological Unity and Diversity of Legal Sciences: A Contribution to Basic Methodological Research
The paper is an attempt to argue for the methodological distinctiveness of legal sciences. The methodological distinctiveness (specificity) of legal sciences has been presented in three dimensions: 1) the subject; 2) methods and 3) purpose of scientific research. Read more
- Argument from Precedent in Legal Interpretation of Texts of Legal Acts from the Perspective of a Derivative Concept of Legal Interpretation
The aim of this article is to ascertain whether in the Polish legal culture in which precedent is not a legislative fact, it can become an argument in the process of judicial interpretation. The article posits that an analysis of precedent as an argument in judicial interpretation must be carried out in relation to a particular concept (or theory) of legal interpretation. Read more
- Reflective Legal Positivism
The argument of theoretical disagreement has been deemed the most serious contemporary challenge to the traditional views of law, not merely for academic legal positivists but for all lawyers and scholars. Although coined by Ronald Dworkin for the specific purpose of opposing conventionalist and positivist theories of law, the argument recognises the general truth that jurisprudence is an inevitably agonistic enterprise. Read more
- Equality of Narrative Inclusion in Decision-Making Processes: A Deliberative Approach
This paper explores the relationship between narrative inclusion and the notion of equality from the perspective of the theory of deliberative democracy. It is based on the assumption that taking into account the diversity of discursive competences influences the constructed justifications constituting the source of legitimacy of political decisions. Read more
- Ethics of Strategic Voting in Popular Elections
Misreporting of preferences is a common behavior among voters but still considered as moral wrongdoing. I propose the conceptual framework of its dilemmas and argue that tactical voting may NOT be regarded as a moral wrong if implemented in a popular election. Read more
- John Gray’s Tree-Part Philosophical Creed
John Gray’s three controversial, widely discussed books, Straw Dogs: Thoughts on Humans and Other Animals (2002), The Silence of Animals: On Progress and Other Myths (2013) and The Soul of the Marionette: A Short Inquiry into Human Freedom (2015), create a natural trilogy. They all have a similar structure, consisting of a kaleidoscope of ideas, digressions, associations and recurring motifs. Read more
- Maurice Hauriou’s Theory of the Institution: Legal Institutionalism and the Science of the State
The aim of this paper aims is to reconstruct the original context, the characteristics and the main assumptions of M. Hauriou’s theory of the institution as one of the most coherent and comprehensive examples of legal institutionalism. Read more
- Judicial Disobedience, Justice Lemuel Shaw and Commonwealth v. Aves
The main purpose of this paper is the analysis of the notion "judicial disobedience”. The author describes two aspects (individual and institutional) and compare them with civil disobedience. Read more
- How Much Beauty in Law? How Much Law in Beauty? A Review of Kamil Zeidler’s Aesthetics of Law (Gdańsk–Warszawa 2020, pp. 309)