Mgr Marta Chmura, Jakub Łakomy
University of Wrocław
Language: Polish
Published: Number 2(7)/2013, pp. 105-109
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Journal of the Polish Section of IVR (ISSN:2082-3304)
Language: Polish
Published: Number 2(7)/2013, pp. 105-109
Download file: Download
Number of downloads: 174
Language: Polish
Published: Number 1(8)/2014, pp. 88-91
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Number of downloads: 135
Abstract: In this paper, I analyse the political character of the interpretation of law and the political nature of the theory of legal interpretation from Stanley Fish’s neo-pragmatist perspective. In the first part of the text, I define the concept of politics and the political, borrowing from Chantal Mouffe. I clearly distinguish between the political, politics, and policy; this article uses the first concept (the political). In the second part of the article, I characterize hermeneutic universalism as one of the approaches to the problem of legal interpretation.
In the third part, following the characteristics of the concepts of interpretive communities as defined by Stanley Fish, I draw conclusions about the political nature of the interpretation of law and the theory of the interpretation of law. In conclusion, I analyse the possibilities of building a theory of legal interpretation that internalises the inherently political character of knowledge by analyzing the concept of post-analytical philosophy proposed in literature by Andrzej Bator.
Keywords: jurisprudence, the political, neopragmatism, interpretive community, hermeneutic universalism, interpretation
Language: Polish
Received: 13.06.2018
Accepted: 13.08.2018
Published: Number 3(18)/2018, pp. 24-37.
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Number of downloads: 335
English abstract: The aim of the paper is to reconstruct the critique of the concept of “external integration of jurisprudence”, which has been widely discussed in polish jurisprudence in the past decades. I base my critique on an analysis of the concept put forward in Polish literature by Jerzy Wróblewski and Kazimierz Opałek. I also consider the postmodern critique of the views on interdisciplinarity held by classical jurisprudence.
The first part of the article consists of: a) general remarks on some doubts and ambiguites concerning understanding of “postmodernism” and common misunderstandings of this term and b) some remarks on the relations between law and postmodernism. In the second part of the article, I provide a sketch reconstruction of the basic traits of postmodernism, especially those characteristics, which determine the postmodern attitude towards interdisciplinarity.
In the third, main part of my article I show how the positivist, modern concept of “external integration of jurisprudence” is incompatibile with postmodern views on science, research, knowledge, epistemology and disciplinarity. I provide an in-depth critique of the presumptions and presuppositions underlying this concept. Finally, I ask: “Quo vadis, interdisciplinarity’’? What about the future of interdisciplinary research in the field of law, when the postmodern methodological storm has swept away the old instruments? Here I introduce the concept of “postdisciplinarity”.
Keywords: interdisciplinarity, postmodernism, disciplinarity, postdisciplinarity, poststructuralism, methodology, legal positivism
Language: Polish
Published: Number 1(2)/2011, pp. 29-45.
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Number of downloads: 237
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