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

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On the Origin of Legal Interests in a Liberal Criminal Law System. Preliminary Remarks

Dr Ewa GRZĘDA

Institute of Law, Economics and Administration of the University of the Commission of National Education in Kraków

Dr Maciej JUZASZEK

Center for Legal Education and Social Theory of the University of Wrocław

English abstract: The article tries to answer the legal-philosophical problem underlying the continental theories of criminalization, i.e., what the reasons are for the legislator establishing a specific catalogue of interests protected by law. To answer this question, the authors first outline what characterizes continental criminalization theories (as opposed to common law ones), and then present two basic types of theories justifying the legislator’s choice of legal interests: systemicinherent and system-transcendent theories. Within the systemic-transcendent type, the authors distinguish three potential theories: a systemic-transcendent social theory, a systemictranscendent moralistic theory, and a systemic-transcendent disintegrative theory. Against each of them, however, the authors find serious disqualifying arguments, which eventually makes them argue that the answers to the research question posed above should be sought among system-inherent theories.

Keywords: legal interests, criminalization, philosophy of criminal law

Language: Polish

Published: Number 4(37)/2023, pp. 27-39.

DOI: https://doi.org/10.36280/AFPiFS.2023.4.27

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

Filed Under: Articles Tagged With: criminalization, legal interests, philosophy of criminal law

A Wisdom of Chinese Aphorisms. A Few Remarks on the Philosophy of Criminal Law between Chinese and European Rudimentals

Dr Tomasz Snarski

University of Gdańsk

English abstract: The article is a study of the philosophy of law, devoted to the concept and significance of aphorisms in legal science as well as in legal education. The author introduces the concept of Chinese aphorisms (wisdoms, maxims, thoughts), confronting it with the role played by Latin maxims in law and legal culture. He also reviews selected Chinese aphorisms, comparing them with some contemporary basic ideas, concepts and principles of Polish criminal law. The author also advocates a wider use of Chinese aphorisms in discussions on contemporary views on the fundamental institutions of criminal law, treating them also a tool for broader reflection on the contents of paradigms, which perhaps even enables their reinterpretation.

Keywords: legal sentences, legal aphorisms, Chinese aphorisms, philosophy of criminal law, concepts of criminal law, ideas of criminal law, principles of criminal law

Language: Polish

Published: Number 4(29)/2021, pp.58-70

DOI: https://doi.org/10.36280/AFPiFS.2021.4.58

Download: Download
Number of downloads: 478

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

Filed Under: Articles Tagged With: Chinese aphorisms, concepts of criminal law, ideas of criminal law, legal aphorisms, legal sentences, philosophy of criminal law, principles of criminal law

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Keywords

justifications of judgments Adrian Zając primatology law-maiking proportionality French Radical Enlightenment la petite éthique non-legislative lawful excuse Rudolf von Jhering humanism constitutionalization of international law system of law principle of nondiscrimination cultural pluralism law of evidence professional roles of lawyer individual guilt legal facts evolution doxa temporal limits constitution’s functions WTO derivative political responsibility virtue jurisprudence personal dimension in legal education nonfactualism philosophy realistic utopia legal disagreement hylomorphism economic theory of law rational basis test limitation of claims Maciej Próchnicki symbolic law euphemisms norms antagonism judges virtue ethics equalisation of opportunities bioethics collective memories Emmanuel Jeuland Scott J. Shapiro contract law postulate of criticism animals

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