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

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Epistemology of Application of Law and the Principle of Democratic Rule of Law

Dr Tomasz Raburski

Adam Mickiewicz University in Poznań

English abstract: The paper analyses the institutional epistemology of the process of application of law in Poland. The concept of institutional epistemology is understood as a set of features, epistemic aims, values, and practices, which are intrinsic to the institutional structures. Two aspects of such an institutional epistemology are covered: the positivistic model of cognition and the concept of truth embedded in the judicial practices and legal norms. The philosophical and historical origins of these features are outlined. It is argued that they should be considered relics of previous socio-political system and obsolete philosophies of science, and, in consequence, they do not meet the standards of the constitutional principle of the democratic rule-of-law state (Polish demokratyczne państwo prawne). Evolution towards more deliberative forms of institutional epistemology is advocated.

Keywords: application of law, epistemology of law, truth, legal positivism, neopositivism, deliberative democracy

Language: Polish

Published: Number 4(33)/2022, pp. 39-51

DOI: https://doi.org/10.36280/AFPiFS.2022.4.39

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Number of downloads: 208

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

Filed Under: Articles Tagged With: application of law, deliberative democracy, epistemology of law, legal positivism, neopositivism

Formalism in the application of law and ethics on the example of environmental law regulations

Mgr inż. Adrian Zając

University of Wrocław


English abstract:
This paper discusses formalism, a multi-faceted and problematic research topic when applied to law. The most important point of reference in the presented point of view is ethics. That is why the author emphasizes the importance of asking whether formalism is an ethical behaviour in the context of applying the law. The application of law is presented using the following two conceptions: as a behavior of officials, acting as public administration authorities, and as a theoretical model of this phenomenon. This paper is mostly about the first conception: the behaviour of officials and authorities. The problem of formalism and the effects it can lead to are discussed on the basis of specific laws and regulations concerning environmental protection. Research shows that formalism is based on lack of care for the integrity of the legal text and lack of officials’ consistency in recreating the intention of the lawmaker. This kind of activity is presented as unethical, as it may cause unjustified, negative effects in the life of the individual who is a party to the proceedings.

Keywords: ethics, application of law, formalism, environmental protection law

Language: Polish

Received: 06.06.2017
Accepted: 08.09.2017

Published: Number 1(16)/2018, pp. 83-93.

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Number of downloads:
247

Filed Under: Articles Tagged With: Adrian Zając, application of law, environmental protection law, ethics, formalism

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Keywords

health care Milena Korycka theory of ideology Wojciech Zomerski Russia law and politics Magdalena Glanc Herbert L. A. Hart comparative law principles of law co-originarity of the rule of law and the principle of sovereignty Katarzyna Hanas Adam Zienkiewicz Scarpelli access to justice legal protection of animals pluralism Paweł Jabłoński empathy lawmaker institutional theory moral psychology identification of procedural acts legal consciousness judicial review (of constitutionality of statutes) legal status of animals abortion discourse law and emotions autonomy freedom of the press Maksymilian Hau intellectual property aims means of the law communication memory policies marriages psycholinguistics postulate of moral autonomy of law Stufenbau religious-only marriages interpretation of procedural statements lawyer’s professional roles reflective equilibrium religious monism normativism Michał Sopiński arbitrariness Spanish law memory law scrivener’s error

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