Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR

Lawyers’ professional roles in the light of the good governance model

Mgr Mariola Żak

University of Warsaw


English abstract: The aim of the present paper is to verify the thesis that the institutionalization of regulatory solutions promoted by the idea of good governance leads to a change in the way lawyers and their professional responsibility towards civil society are perceived. Considering the claims that the positivist paradigm of government is in crisis and the postulates of changing the legitimacy of the judiciary expressed in the governance concept, the way in which the social roles of lawyers are understood needs reinterpreting. In the first place, the role of concepts of governance and good governance in contemporary law is described. Then normative coordination models of collective actions by means of which the ideas of governance and good governance can be put into practice are characterized. Finally, the traditional professional roles of lawyers and their so-called accessory roles are presented. The considerations constitute a normative meta-analysis, referred to as meta-governance. The reflection is conducted according to the descriptive method. The article is a contribution to future research and an attempt to identify the major problems faced by lawyers in connection with the implementation of good governance.

Keywords: good governance, social steering, legal multicentrism, normative standard, lawyer’s professional roles, positive responsibility, professional competence

Language: Polish

Received: 06.06.2017
Accepted: 16.08.2017

Published: Number 1(16)/2018, pp. 103-120.

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Communicative rationality as the basis for the legitimacy of good governance

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: Załączniki02.03.2017

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

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Number of downloads: 82