Bocconi University in Milan

English abstract: The paper has three sub-topics: legal knowledge, legal norms, and evolutionary systems. The three are interconnected. A reflection on the nature of legal knowledge throws light on the nature of legal norms. Legal knowledge is largely a posteriori and it is so because norms are largely contingent. Being a realm of continual change, law has novelty as a fundamental feature. The process of legal change is not driven by chance but by the attempt to face ever new problems and changing circumstances. This supports a view of legal systems as adaptive and evolutionary, as classical pragmatism suggested. However, inference can give some a priori legal knowledge.

Keywords: inference, legal knowledge, legal norms, novelty, pragmatism

Language: English

Published: Number 2(27)/2021, pp. 108-122.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.108

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

Adam Mickiewicz University in Poznań

English abstract: The article is a metaphilosophical and metatheoretical discussion relating to the theory of law pursued in the mainstream of the classical project of analysis. The purpose of these remarks is to show the challenges which philosophical pragmatism, and especially analytical pragmatism, poses to classical analysis. The first part of the text is devoted to the presentation of the mainstream of postwar Polish law theory as the implementation of the analysis program, with the conception of Z. Ziembinski serving as an example. The next part characterizes analytical pragmatism of R. Brandom and the challenges addressed to such research programs as classical analysis. The last part examines philosophical benefits that classical analysis could obtain by embracing the challenges of analytical pragmatism. These include the ability to overcome the cognitive dualism, better justification of rationality and extending the anthropological perspective.

Keywords: pragmatism, Robert Brandom, Zygmunt Ziembiński, analytical philosophy

Language: Polish

Received: 05.01.2017
Accepted: 22.01.2017

Published: Number 1(14)/2017, pp. 17-33.

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Number of downloads: 731