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i Filozofii Społecznej

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

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Institutional Critique as a Research Perspective of Jurisprudence in the Context of Jacques Rancière’s Philosophy

Dr Mariola ŻAK

University of Warsaw

English abstract: The article reflects on the condition of contemporary critique of law in the light of institutional critique derived from the theory of art. This study aims to verify the thesis that institutional critique is a research perspective formed against the background of various trends of critical legal thought. This critique is affirmative and constructive in character. It focuses on the analysis of the performance of reflexive institutions and it also problematizes cognitive tensions that are inherent in legal institutions. The institutions are analysed in the light of the metaphor of aesthetic play. The article presents the theoretical grounding of the relationship between institutional critique and critical legal thinking in the light of the philosophy of law inspired by Jacques Rancière’s thought. Furthermore, selected examples of this critique and directions for its potential application are shown in the context of modelling patterns of dialogic legal culture as understood by the law and humanities movement.

Keywords: institutional critique, critical legal thinking, aesthetics of law, law and humanities, Jacques Rancière

Language: Polish

Published: Number 1(34)/2023, pp.87-101

DOI: https://doi.org/10.36280//AFPiFS.2023.1.87

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Number of downloads: 44

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

Filed Under: Articles Tagged With: aesthetics of law, critical legal thinking, institutional critique, Jacques Rancière, law and humanities

How Much Beauty in Law? How Much Law in Beauty? A Review of Kamil Zeidler’s Aesthetics of Law (Gdańsk–Warszawa 2020, pp. 309)

Dr Dawid Kostecki

John Paul II Catholic University of Lublin

Keywords: law, aesthetics, aesthetics of law, philosophy of law, axiology, jursiprudence

Language: English

Published: Number 3(32)/2022, pp. 114-118

DOI: https://doi.org/10.36280/AFPiFS.2022.3.114

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Number of downloads: 88

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

Filed Under: Reviews and discussions Tagged With: aesthetics, aesthetics of law, axiology, Jursiprudence, law, philosophy of law

Law in Film as a Manifestation of Aesthetics of Law and a Special Case of Law and Literature Movement

Prof. dr hab. Kamil Zeidler

University of Gdańsk

English abstract: If we put together and systematize research streams: law in film, law and literature, and aesthetics of law, it is easy to reach the conclusion that we are dealing with related subjects, with a certain overlap in research areas. The broadest term is aesthetics of law, whose scope covers the entire law and literature movement, meanwhile law in film is a more detailed aspect of the latter.

Systematizing the aesthetics of law, we can close it in three aspects: the external one, the internal one, and the one called ‘law as a device for aesthetization’. The aesthetics of law in the external aspect deals with manifestations of law, legal inspirations, legal themes, symbols, signs, which were represented through centuries in fine arts. The subject of the aesthetics of law in the internal aspect is the law itself. The third aspect of the aesthetics of law focuses on law as a device for aesthetization of daily life.

In the law and literature movement, the reflections concern either the inclusion of legislative and legal content in literary works (law in literature), or the literary, including aesthetic, value, of normative instruments, and more broadly, also other acts of applying the law (law as literature). A special case of this research stream is legal cinematography, where a film prepared on the basis of a screenplay is treated as a kind of narrative, justifying the statement that law in film further develops the law and literature movement.

The practical aspect of such research – of legal aesthetics, law and literature, and law in film – concerns mainly the significance and influence on legal awareness, and on shaping the attitudes towards law. The key thing here is approaching the problem of influencing legal awareness through other means than the text of a normative instrument alone.

Keywords: aesthetics of law, law and literature, law in film, legal cinematography, legal awareness

Language: Polish

Published: Number 1(26)/2021, pp. 8-20.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.8

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Number of downloads: 244

Filed Under: Articles Tagged With: aesthetics of law, Kamil Zeidler, law and literature, law in film, legal awareness, legal cinematography

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Keywords

Sławomir Tkacz Butler instrumentalization of law judicial argumentation philosophy of dialogue Milena Korycka legislative materials critical legal theory Herbert Hart Judith Butler principle of law progress contextualism judicial decision minimal morality Kant law and ideology Critical Legal Studies małgorzata król methodology of legal sciences encounter Robert Audi law-maiking one right answer legal doxa political community strategies of interpretation polis moral psychology cognitive psychology independence of advocates’ activity Bruce Lee’s case conflict resolution cultural revolution communication theory of legal interpretation legal kinds transplantation discrimination work legal theory Radbruch’s formula elections intermediate scrutiny test law and politics extra legem gap exploitation omission human dignity personal truths Herbert L. A. Hart

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