Poznan school of legal theory / edited by Marek Smolak, Pawe Kwiatkowski.

Format:

Book

Contributor:

Smolak, Marek, editor.

Kwiatkowski, Pawe, editor.

Series:

Studies in the philosophy of the sciences and the humanities ; Volume 115.

Studies in the Philosophy of the Sciences and the Humanities ; Volume 115

Language:

English

Subjects (All):

Law--Poland--Philosophy.

Law.

Physical Description:

1 online resource.

Place of Publication:

Leiden ; Boston : Brill Rodopi, 2020.

Summary:

"This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application in the era of moral pluralism and multicentric legal systems. Moreover, the legal-theoretical proposals put forward by the circle of Poznań legal theorists, and supported by firm methodological foundations, have not, by any means, lost their value. Although each of the authors tackles issues from different perspectives, there is a discernible unity in their approaches, expressed in the conviction that modest analysis makes more sense than ambitious analysis of the concept of law or the nature of law. The Poznań School has made several valuable contributions to contemporary legal theory: Its works have drawn from Polish philosophy of language and therefore embedded its theoretical and legal considerations in the Polish philosophical culture; it created an original model method which consists of considering ideal situations in which dependencies are not disturbed by the influence of other factors; and it treats the human being as a rational person, and thus as a cognizing subject and a rational agent"-- Provided by publisher.

Contents:

The Poznań School of Legal Theory. Origins - People - Ideas / Marek Smolak and Paweł Kwiatkowski

The legal system and legal norms / Czesław Znamierowski

The normative conception of the sources of law / Zygmunt Ziembiński

Legal provisions and legal norms / Zygmunt Ziembiński

The typology of legal norms / Zygmunt Ziembiński

Competences and competence norms / Zygmunt Ziembiński

Justifications of statements, evaluations and norms in jurisprudence / Zygmunt Ziembiński

Juristic interpretation / Leszek Nowak

The derivational theory of legal interpretation as an integrated theory / Maciej Zieliński

Eighteen myths in thinking about the interpretation of law / Maciej Zieliński

On the specific nature of constitutional interpretation. Additional comments / Sławomira Wronkowska

Once more on the sources of law and normative acts / Sławomira Wronkowska

Polish legislative procedure and the role of the Polish constitutional tribunal from the perspective of the theory of conventional acts and formal acts in law / Stanisław Czepita

A definition of forbearance / Wojciech Patryas

The interpretative paradigm shift during the period of transformation in Poland / Marek Smolak

The ontological presuppositions of legal texts / Marek Smolak

Change in law, intertemporal situation and intertemporal problem / Jarosław Mikołajewicz

Principles of law / Marzena Kordela

Axiological law interpretation / Marzena Kordela

Remarks on the pragmatic role of legal definitions in the derivational theory of legal interpretation / Maciej Dybowski

The structural conception of conventional legal acts / Piotr F. Zwierzykowski

Legal interpretation in periods of political transformation / Michał Krotoszyński

The concurrence of legal provisions as an interpretative problem. An outline of the Issue / Mikołaj Hermann.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-44844-6

Publisher Number:

10.1163/9789004448445 DOI