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Filozofii Prawa
i Filozofii Społecznej

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

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Jurisprudence Popularized: Between Law, Literature, and Film

Mgr Marta Dubowska

Jagiellonian University in Kraków

Abstract: In this paper I discuss the apparent similarities between the “literate approach” and the aspiring “visual media approach”. Then, I scrutinize arguments for utility of the second approach. It seems that even though both approaches are founded on similar humanistic considerations, they are nonetheless separate positions; thus the need to justify the application of the second approach independently of the first. As an important task in due course I consider debunking the arguments in support of accusations of the “law and film” movement of being a threat to law and its legitimacy (as related to the “law going pop” argument by Richard K. Sherwin).

Keywords: law and literature, law and film, law and popular culture, narrative, jurisprudence

Language: English

Published: Number 1(26)/2021, s. 21-32.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.21

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Number of downloads: 242

Filed Under: Articles Tagged With: jurisprudence, Law and Film, law and literature, law and popular culture, Marta Dubowska, narrative

Apoliticality in Jurisprudence. The Crisis of the Idea and the Phenomenon of Populism

Prof. dr hab. Adam Sulikowski

University of Wrocław

Abstract: The topic of the article is the current crisis of the idea of the apolitical nature of jurisprudence and the relationship between this crisis and the phenomenon of populism. In the first part of the study, the author puts forward a thesis on the post-theological and liberal character of the idea, reconstructing its genealogy. The next part discusses the impact of first-wave populism (1930s and 1940s) on the status of the title idea, focusing primarily on authoritarian – Nazi and Stalinist – populisms. In the next part, the author diagnoses the causes of the current crisis of the title idea after the period of its demo-liberal reappointment.

Keywords: apoliticality, jurisprudence, discourse, populism, crisis, post-theology, liberalism

Language: Polish

Received: 13.06.2018
Accepted: 17.08.2018

Published: Number 3(18)/2018, pp. 74-85.

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Number of downloads: 341

Filed Under: Articles Tagged With: Adam Sulikowski, apoliticality, crisis, discourse, jurisprudence, liberalism, populism, post-theology

The Political Character of the (Theory of) Interpretation of Law. Stanley Fish’s Neo-pragmatist Perspective

Mgr Jakub Łakomy

University of Wrocław

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: 326

Filed Under: Articles Tagged With: hermeneutic universalism, interpretation, interpretive community, Jakub Łakomy, jurisprudence, neopragmatism, the political

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Keywords

Ronald Dworkin categorization libertinism legal conventionalism Polish courts Jacques Rancière interpretive methodology citizens' participation in criminal justice exercise of power conventional acts in law professional ethics protest memory policies positive responsibility administrative case law legitimacy Krzysztof Goździalski right to truth rule of law lawyer personality generative linguistics human dignity intentionalism professional ethics of legal advisors phenomenological philosophy in dubio contra reo reasonableness of the law Leszek Kołakowski conscience clause lawyers’ professional self-government neopragmatism analytic pragmatism personalistic dialogue John Rawls universalist religion critical legal thought Stanisław Jędrczak legislative lawful excuse (justification) theory of rational law-making grounding Yang Deyou polis interpretation Herbert L. A. Hart legal dogmatics state of exception researcher Kamil Zeidler Magdalena Glanc Aleksander Olaf Szpojankowski

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