University of Wrocław

Abstract: The article examines the concept of the political in the Polish analytical theory of law. This subject was not a direct object of considerations of the authors who worked in this vein. However, the legitimisation of the legal system, sources of law, and the interpretation of the constitution can be considered as problems related to the political. They give rise to the issues surrounding the political within the Polish analytical theory of law. When these problems are considered from the perspective of analytical theory, a vision of the desired society emerges. Frank admission to the problems of the political in analytical theory opens up a new field of research. However, this requires theoreticians of law to change the language they habitually use. Such an opening implies the need to introduce the language of political philosophy within the theory of law and to develop new criteria for validating theoretical statements.

Keywords: theory of law, the political, legitimacy, sources of law, constitutional interpretation

Language: Polish

Received: 25.06.2018
Accepted: 06.09.2018

Published: Number 3(18)/2018, pp. 64-73.

Download file: Download
Number of downloads: 346