Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR

A Scholar’s Career and Idea Generation Under Conditions of Fundamental Structural Changes. About Leon Petrażycki Once Again

Dr Hanna Dębska

University of the Commission of National Education in Kraków

English abstract: This paper proposes an approach to scientific biography from the perspective of Pierre Bourdieu’s theoretical project. The choice of Leon Petrażycki (1867–1931), a philosopher and sociologist of law, who might be called an icon of the philosophy of law in Poland, results from the fact that his trajectory gives an insight into the interesting processes taking place in the scientific field, as well as in other social fields at the turn of the century up to the 1930s. Thus, L. Petrażycki is a ‘special case of what is possible’, a ‘product’ of the era. An era marked, on the one hand, by strong geopolitical divisions, corresponding to unequal flows of ideas between national scientific fields, on the other hand, characterized by high fluidity of the boundaries of social fields (science, journalism, politics), between which (up to a certain point) L. Petrażycki adroitly ‘moves’. Petrażycki’s trajectory is also interesting research-wise, as it reveals the influence of social structures on scientific positions occupied and positions takings in discourse. Furthermore, it shows how scientific failure is sublimated. Therefore, the article complements previous perspectives and is programmatic in that it can inspire similar endeavours in the future.

Keywords: philosophy of law, sociology of law, Leon Petrażycki, Pierre Bourdieu, scientific capital, biographical trajectory, scientific field theory

Language: Polish

Published: Number 1(38)/2024, pp. 19-33

DOI: https://doi.org/10.36280/AFPiFS.2024.1.19

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Number of downloads: 84

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Maurice Hauriou’s Theory of the Institution: Legal Institutionalism and the Science of the State

Mgr Cezary Węgliński

University of Warsaw

English abstract: The aim of this paper aims is to reconstruct the original context,  the characteristics and the main assumptions of M. Hauriou’s theory of the institution as one of the most coherent and comprehensive examples of legal institutionalism. By means of critical source analysis, the paper presents the basic elements of the notion of the institution together with its ontological and epistemological assumptions concerning both the very concept of law and legal methodology. The second part of the paper presents the critical approach expressed in Hauriou’s theory towards some core concepts of public and constitutional law by opposition to traditional, normativist and positivist approaches to constitutionalism. Hauriou’s work, despite its importance as indirect inspiration for contemporary doctrines of constitutional pluralism, is nowadays barely present in European legal science discourse. The last part of the paper is therefore dedicated to some closing remarks on current relevance of the theory of the institution with particular focus on the challenges of increasing pluralism of legal orders.

Keywords: legal institutionalism, theory of the institution, Maurice Hauriou, constitutional pluralism, supra-constitutionality, legal theory, sociology of law

Language: English

Published: Number 3(32)/2022, pp. 88-102

DOI: https://doi.org/10.36280/AFPiFS.2022.3.88

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Number of downloads: 145

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