law

The Concept of Rationality and the Rationalization of Law in the Works of Max Weber

Mgr Konstanty Kuryłowicz

University of Bialystok

English abstract: The magnitude of Max Weber’s work is overwhelming. However, with it, comes its great insight into the social reality. Reinhard Bendix has called Weber the magical name of the modern social sciences. Agreeing with this claim, The Author of this article takes on one of the fundamental problems of the social sciences – the problematic concept of rationality. This concept remains a key element of the works of Max Weber. Therefore, the purpose of this work is to analyze the intricacies of its definition by the famous German scholar. First comes the analysis of the multiplicity of contexts in which Weber makes the use of the term rationality and the rationalization. Then, after the realization of the impossibility of a precise definition of the rationalization without taking the context into account, the transition to the rationalization of law follows. The look at the division of rationalization of law into various planes on which it can manifest its rationality or irrationality (be it the material or formal aspect) is concluded with the summary, where The Author poses questions about certain issues that require further research.

Keywords: disenchantment, irrational, law, rationalism, rationality, rationalization, Weber

Language: Polish

Published: Number 3(28)/2021, pp. 82-94

DOI: https://doi.org/10.36280/AFPiFS.2021.3.82

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Number of downloads: 29

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

Against Dignity: An Argument for a Non-Metaphysical Foundation of Animal Law

Prof. dr hab. Tomasz Pietrzykowski

University of Silesia in Katowice

English abstract: Animal protection as an emerging field of legislation needs to be constitutionalized as well as comprehensively expounded by legal scholars. As it is a growing body of regulation and accompanying legal theories, it needs to develop a solid conceptual and axiological framework, in particular a set of basic values and principles on which detailed rules are to be founded. Lacking these, the domain of animal law is still in the pre-paradigm stage and remains an assemblage of dispersed ideas, concepts and regulatory measures. It yet has to develop into a coherent whole that may grow to be a mature regulatory and doctrinal domain of the law. In order to reach this stage, it should be founded on clear theoretical and constitutional grounds. Lacking those, its further development, and effective operation may be seriously impeded. There seem to be two basic approaches that may serve as the possible foundations for a viable model of animal protection law. The first may be referred to as the “dignity” approach and the other, as the “sentientist” approach. According to the first of those two approaches, animal protection law should rely on the concept of animal dignity as its philosophical foundation. The second approach rejects the idea that the concept of animal dignity as the basis for the relevant legislation as philosophically dubious and entailing objectionable normative consequences for the scope and content of legal protections of animals. Thus, it aims rather at legal norms and policies being based directly on scientifically informed theories of sentience, evolutionarily developed nervous structures underlying cognitive and emotional capabilities or species-typical biological and psychological needs that condition the subjective well-being of a given creature. The aim of this paper is to analyse and discuss both these approaches and to argue that the former is philosophically, conceptually and practically flawed. The second approach, even despite some serious disadvantages, is therefore deemed to be preferable and more promising.

Keywords: animals, dignity, rights, law, constitution, ethics

Language: English

Published: Number 2(27)/2021, pp. 69-82.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.69

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Number of downloads: 59

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

Andrey Zvyagintsev’s ‘Leviathan’: The Unbearable State of Nature

Mgr Katarzyna Krzyżanowska

European University Institute, Florence

Abstract: Leviathan by Andrey Zvyagintsev is a movie that depicts the world in a state of nature, with no prospects for creating a Hobbesian social contract. Set in the Russian peripheries, the film depicts a respected and caring family man who is gradually deprived of everything because of lack of political order with enforceable law and justice. The movie is a depiction of a contemporary “failed state”, equalized with the state of nature, where there is no legitimate power and violence remains the only tool to achieve goals both in private and public spheres. Religion consists of empty rituals that serve corrupt officials to maintain power. This world cannot last without innocent victims, scapegoats of the society, one of whom is the protagonist of the movie. This paper offers a legal and philosophical inquiry into the film, as it draws especially on the theory of the social contract proposed by Hobbes. It depicts a Russian town as a symbol of the state of nature as envisioned by Hobbes and describes the reasons why the social contract has not been made. According to Hobbes’s theory, in the state of nature concepts like justice and injustice do not convey any meaning; therefore, this paper investigates other: theological and anthropological concepts, to explore the meaning of Zvyagintsev’s Leviathan.

Keywords: Leviathan, Hobbes, Legendre, Agamben, crisis, ritual, religion, law

Language: English

Published: Number 1(26)/2021, s. 62-75.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.62

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Liczba ściągnięć: 117

Between Justice and Mercy: Comparison of American and Russian Versions of 12 Angry Men

Dr Paweł Jabłoński

University of Wrocław

Abstract: The aim of the article is to thematize two different types of attitudes to the law – which, referring to works by Marek Jan Siemek and Lon Luvois Fuller, I call the “Eastern attitude” and the “Western attitude”. This task is realized by a comparative interpretation of two famous films: 12 Angry Men, directed by Sidney Lumet, and Nikita Mikhalkov’s Russian-language remake of Lumet’s movie, titled 12. I try to show that although these two films tell similar stories, there are significant differences between them in regard to the perception of the law. In the American version, the law is a system of mechanisms that really work and are taken seriously. In the Russian version, the law is, to a large extent, only an appearance, which in reality must be replaced by ethics.

Keywords: law, respect for law, ethics, “West”, “East”, justice, mercy

Language: Polish

Published: Number 1(26)/2021, s. 45-61.

DOI: https://doi.org/10.36280/AFPiFS.2021.1.45

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Number of downloads: 101

On Beauty in a Lawyer’s Work

Dr Tomasz Barszcz

John Paul II Catholic University of Lublin

English abstract: The article concerns the relationship between beauty and a lawyer’s professional work. I attempt to: 1) discover and describe the activities that are particular of such work as well as are determined by beauty; 2) characterize the way in which beauty determines these activates; and 3) point out ontological reasons of this determination. The reflections do not, however, include all activities which the lawyer’s craft consists in, but are limited to those in the course of which decisions are made. Beauty determines a lawyer’s work via the process of decision-making; and if a decision is conceived as an act of cooperation between intellect and will, then the decision is related to beauty in three ways. First of all, beauty constitutes a sine qua non for finding out the circumstances in which the decision is made. Additionally, beauty suggests to the decision-maker the options as the optimal means to an end. Finally, beauty influences the approval of a decision already made.

Keywords: beauty, law, decision-making, intellect, will

Language: Polish

Published: Number 4(25)/2020, pp. 17-28.

DOI: https://doi.org/10.36280/AFPiFS.2020.4.17

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Number of downloads: 161

A Few Questions Concerning Photographs in Court Decisions

Dr Michał Dudek

Jagiellonian University in Kraków

Abstract: The aim of this article is to discuss the infrequent, but noticeable, practice of inserting photographs in court decisions. Against the background of the few existing studies on this practice, which seem to be overly case-specific, this article proposes a more general, even universal list of problems connected with it. It addresses a short list of questions about the inclusion of photographs in court decisions, such as, for instance: “Why do judges include in court decisions photographs concerning the case-relevant facts?”; “Who are the addressees of these photographs?”; “What is the source of the photographs used and are all sources allowable?”; and “How come that some segments of court decisions are accompanied by relevant photographs and others are not?”. A discussion of these and other questions enables the conceptualisation of many problems connected with inserting photographs in court decisions – most notably, that of the criteria of choice, which previously has not been explicitly addressed, but barely hinted at – and leads to the conclusion that the practice in question, surrounded by many controversies, should be discontinued.

Keywords: law, visuality, court decisions, photographs

Language: English

Received: 19.01.2017
Accepted: 29.09.2017

Published: Number 2(17)/2018, pp. 60-74.

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Number of downloads: 120