Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR

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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Legal Narrative and Legal Disagreement

Mgr Marta Dubowska, Dr hab. Adam Dyrda

Jagiellonian University in Kraków

Abstract: What is the relationship between general legal theories and legal narratives? In this paper we aim to problematise this relationship in the context of different legal disagreements. As we see it, the Dworkinean category of “theoretical disagreement”, which basically refers to the phenomenon of disagreement “about the grounds of law” (between different general legal theories) is not sufficient to cover all substantial disagreements that appear in legal practice. Thus, we propose a category of “narrative disagreement” which has a wider scope. Eventually, we discuss the thesis of a possible equality of legal theories, as well as legal narratives, which we understand as an inevitable consequence of the relationship between legal theories/narratives and a special type of evidence on which they both rely: truisms about the law that laymen and/or legal professionals generally share.

Keywords: general legal theories, legal disagreement, theoretical disagreement, narrative disagreement, legal narrative, legal truisms

Language: English

Received: 26.12.2017
Accepted: 26.01.2018

Published: Number 2(17)/2018, pp. 47-59.

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Number of downloads: 297