The Political in the Polish Analytical Legal Theory

Redakcja — Fri, 01 Mar 2019 22:15:51 +0000

Dr Michał Stambulski

University of Wrocław

Abstract: The article examines the concept of the political in the Polish analytical theory of law. This subject was not a direct object of considerations of the authors who worked in this vein. However, the legitimisation of the legal system, sources of law, and the interpretation of the constitution can be considered as problems related to the political. They give rise to the issues surrounding the political within the Polish analytical theory of law. When these problems are considered from the perspective of analytical theory, a vision of the desired society emerges. Frank admission to the problems of the political in analytical theory opens up a new field of research. However, this requires theoreticians of law to change the language they habitually use. Such an opening implies the need to introduce the language of political philosophy within the theory of law and to develop new criteria for validating theoretical statements.

Keywords: theory of law, the political, legitimacy, sources of law, constitutional interpretation

Language: Polish

Received: 25.06.2018
Accepted: 06.09.2018

Published: Number 3(18)/2018, pp. 64-73.

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Communicative rationality as the basis for the legitimacy of good governance

Redakcja — Tue, 23 Jan 2018 23:58:47 +0000

Mgr Mariola Żak

University of Warsaw

English abstract: The main aim of this paper is to demonstrate that the concept of good governance, based on the theoretical description and methodology of the sciences of organization, public management and economy, auxiliary extending to other reconstructive sciences (political science, sociology, psychology), has the cognitive dimension, referring to the practical reasoning of individuals. Through subjection of specific strategies to the communicative rationality, depending on the normative context, the different ways of public sector management may be selected by the public agencies to a specific area of social relations. This choice is made based on the rational consensus, concluded between the stakeholders and the so-called depositary of the law, by which is meant the professionals associated with the performance of the public service: the politicians, the lawyers and the law-applying officials. The article shows the application of the theory of the communicative ethics: the universal pragmatics of J. Habermas and the transcendental pragmatics of K.-O. Apel in order to explain and justify good governance model.

Keywords: good governance, networks, legitimacy, instrumental rationality, communicative rationality, universal pragmatics, transcendental pragmatics

Language: Polish

Received: 25.09.2016
Accepted: 02.03.2017

Published: Number 2(15)/2017, pp. 98-114.