Archiwum Filozofii Prawa i Filozofii Społecznej

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

Mikołaj Ryśkiewicz — Mon, 28 Nov 2022 17:45:56 +0000

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: 350

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

The Principle of Citizens’ Participation in Criminal Trials and Legitimization of the Justice System

Mikołaj Ryśkiewicz — Mon, 28 Nov 2022 17:33:30 +0000

Prof. UAM dr hab. Barbara Janusz-Pohl

Adam Mickiewicz University in Poznań

English abstract: This article deals with the principle of social factor participation in criminal proceedings. In particular, the directival approach to this principle is emphasized, and in that sense, the article seeks to argue about its interpretative role in interpreting the provisions of the Code of Criminal Procedure (CCP). The analysis covers subjective, substantive and temporal scope of the principle of social participation in criminal proceedings. First of all, the concept of sensu stricto, sensu largo and sensu largissimo approaches to the principle of social participation in the criminal trial are distinguished. However, the sensu stricto perspective includes the exercising by citizens of a judicial function in trials, currently carried out in ordinary courts in the form of the participation of lay judges in the panel; the sensu largo approach also includes the implementation of other procedural roles by citizens than the judicial function, while the sensu largissimo aspect approach incorporates participation of non-individualized citizens as audience of the court hearings, as well as implementation of the denunciation function in the criminal trial. The detailed considerations concern implementation of the judicial function. In this respect, Article 28 of the CCP is interpreted, the main research question being whether the participation of the social factor in criminal proceedings under the law in force authorizes the criminal justice system.

Keywords: citizens’ participation in criminal justice, deliberative democracy, principle of social participation, criminal process and citizens

Language: Polish

Published: Number 4(33)/2022, pp. 70-85

DOI: https://doi.org/10.36280/AFPiFS.2022.4.70

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Number of downloads: 258

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Deliberative Philosophy of Administrative Sciences

Mikołaj Ryśkiewicz — Mon, 28 Nov 2022 17:30:09 +0000

Prof. UAM dr hab. Karolina M. Cern

Adam Mickiewicz University in Poznań

English abstract: This article formulates the thesis that research is needed in the field of deliberative philosophy of administrative sciences. First of all, three general premises for the formulation of this thesis are indicated, namely: 1) the principle of sovereignty, understood in deliberative democracy as co-original with the rule of law; 2) a deliberative public philosophy which, from a contextual and particularistic point of view, considers the addressee of law as a full participant in the debate on law; and 3) the abstract principle of autonomy of will, according to which the addressee of law should also be able to understand themselves as an author of law. In the following steps, these general premises are analysed in the context of the triad of administrative sciences in order to provide more detail and context for the main thesis.

Keywords: administrative sciences, deliberative democracy, co-originarity of the rule of law and the principle of sovereignty, deliberative public philosophy, public rights

Language: Polish

Published: Number 4(33)/2022, pp. 6-20

DOI: https://doi.org/10.36280/AFPiFS.2022.4.6

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Number of downloads: 324

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