Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

Public Interest and Access to Justice: A Liminal Analysis

Dr Jan Winczorek

University of Warsaw

English abstract: The paper argues that there exists a contradiction between access to justice and public interest. It substantiates this claim by reviewing selected arguments for access to justice and by referring to empirical evidence. The contradiction is then interpreted using a sociological theory of law, which enables establishing the structural reasons for such a clash. In order to reconcile access to justice with the public interest, the legal system must develop the semantics allowing for a better understanding of social inclusion conditions. In particular, the legal system must finally do away with pre-modern charity-oriented concept of access to justice, be able to grasp access to justice in its totality and reflect on conditions of legal inclusion. If it fails to do that, it is doomed to reproduce the conflict. The concept of access to justice developed by Cappelletti and others in the 1970s is a good point of departure here, but it is by far insufficient.

Keywords: access to justice, public interest, systems theory

Language: English

Published: Number 3(24)/2020, pp. 24-40.

DOI: https://doi.org/10.36280/AFPiFS.2020.3.24

Download: Download
Number of downloads: 213

Filed Under: Articles Tagged With: access to justice, public interest, Systems Theory

Systems Theory and Puzzles of Legal Culture

Dr Jan Winczorek

University of Warsaw


English abstract: Legal culture is a concept as central to legal studies and sociology of law as difficult to define. It aims to serve important theoretical needs but it is also responsible for some puzzles that trouble legal and socio-legal scholars. Some of them are quite famous: the puzzle of the nature of Japanese litigiousness, the puzzle of differing German and Dutch legal cultures, or, recently, the issue of cultural defence. Some are lesser known, like the multitude of courts’ adjudicating strategies in Poland’s allegedly unitary legal culture. The paper argues that the problems of such nature are a conceptual artefact, a result of objectifying understanding of legal culture as a phenomenon. It is stressed that in such studies more weight should be put on the immediate, procesual nature of investigated phenomena. In order to support these claims, conceptual machinery of systems theory is utilised. First, a general view of N. Luhmann regarding the notion of culture is accepted and applied to the idea of legal culture. Further it is demonstrated how the aims served by the notion of legal culture can be achieved by appealing to such theoretical concepts as structural coupling, first- and second- order observation, and above all – temporal nature of social systems. A general conclusion of the paper is that in the study of “legal culture” an evolutionary perspective is unavoidable.

Keywords: Niklas Luhmann, Systems Theory, legal culture, structural coupling, first-order observation, second-order observation, temporal nature of social systems

Language: English

Published: Number 1(4)/2012, pp. 106-125.

DOI: https://doi.org/10.36280/AFPiFS.2012.1.106

Download: Download
Number of Downloads:
258

Filed Under: Articles Tagged With: first-order observation, legal culture, Niklas Luhmann, second-order observation, structural coupling, Systems Theory, temporal nature of social systems

Szukaj

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

prevention Arrow’s paradox Russian theory of law conflict Agnieszka Bielska-Brodziak naturalistic ethics Ofer Raban political responsibility social order lawyer personality social interest law Pierre Legendre social engineering sociology of law mutual justifications categorization Jan Winczorek populist constitutionalism philosophy of law Thomas Bayes affirmative amnesia statutory interpretation phenomenological philosophy Jarosław Mikołajewicz social industry Paweł Kokot Tbilisi legal petrification of the past Katarzyna Hanas political transition narrative cognitive dissonance reduction antinomies law-making postulate of criticism Lawyers’ Professional Ethics derivative alternative dispute resolution Edward Abramowski traditional jurisprudence naturalism citizens' participation in criminal justice multiculturalism of law virtue jurisprudence public interest universalist religion legal community economic theory of law CLC

Copyright © 2023 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT