University of New South Wales / University of Wrocław /
University of Zielona Góra

English abstract: This paper aims at explaining the concepts of collective memory, institutions, politics, law, as well as relations between them. By means of a short explanation of a network of mutual relations between these notions, we want to show how law and collective memories interact and how the relation between them is formed. At the same time, we see three modes of relations between collective memories and law: 1) past before the law, 2) memory laws and 3) law as collective memory. The first view consists in evaluating the past under a court trial. The second one in creating legal rules which promote or demand commemoration of a specific vision of the past. The third approach perceives law itself as institutionalized collective memory.

Keywords: collective memories, institutions, memory laws, politics of memory

Language: English

Published: Number 3(21)/2019, pp. 6-21.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.6

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Number of downloads: 85

Andrzej Frycz Modrzewski Krakow University

English abstract: In this article, the problems of institutional aspects of lawyers’ legal ethics are discussed. On the theoretical plane, the concept of lawyers’ self-government institutions is reinterpreted in the perspective of ‘little ethics’ outlined by Paul Ricoeur’s in his work Oneself as Another. This approach is cognitively justified because, in the light of the assumptions adopted by the philosopher, the ethical aspiration of an entity can be fully realised only in ‘just institutions’. In the first place, the text discusses the fundamental importance of the institution, taking into consideration the achievements of legal meta-ethics. The point of reference for the analyses undertaken by the author is the role played by the concept in question in the ethical and professional codifications of the self-governments of attorneys and legal advisors in Poland. In the key part of the discussion, Ricoeur’s concept of ethics is adopted as the basis for systematizing and reinterpreting the issues relating to institutions of self-government of the legal professions of public trust. Ultimately, the theory of professional ethics, referring to the philosopher’s work, enables characterising in a comprehensive way the ethical aspirations of a lawyer at the internal, interpersonal and institutional levels.

Keywords: institutions, lawyers’ professional self-government, legal ethics, ‘little ethics’, Paul Ricoeur

Language: Polish

Received: 06.06.2017
Accepted: 08.09.2017

Published: Number 1(16)/2018, pp. 54-68.

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Number of downloads: 345

University of Warsaw

English abstract: In Neil MacCormick’s social ontology, the most important concept is ‘institution’. It is characterised by the notion of the institution’s normative core, which distinguishes the given institution from other institutions of social life. The normative core of an institution consists of a collection of values realised by it and a set of social practices. An analysis of professional ethics according to Neil MacCormick’s social ontology allows us to distinguish the normative core of this institution, which may be cognitively promising for several reasons. First of all, the institutional perspective may be helpful in solving the problems with justifying a lawyer’s power, which is based on formalized ethical codes. Secondly, establishing a central set of professional values and practices will make it easier for participants of the given practice to choose the right course of action. Thirdly, identifying the normative core of legal professions will allow us to determine the extent of interference in the self-government of legal professions.

Keywords: legal ethics, Neil MacCormick, institutions

Language: Polish

Published: Number 1(16)/2018, pp. 46-53.

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Number of downloads: 305