Pub Date : 2020-12-16DOI: 10.1163/15730352-bja10040
J. Marko, B. Harzl, Aistė Mickonytė
The rule-of-law backsliding in Hungary and Poland, troublesome implementation of European anti-discrimination measures, major resistance surrounding international instruments, such as the Istanbul Convention, perceived to be at odds with “traditional values”, and even questions of contested statehood, as in Kosovo: Central and Eastern as well as Southeast Europe remain in the focus of academic analysis and media coverage. This issue of the Review of Central and East European Law looks into a multitude of challenges accompanying the processes of Europeanization and the observance of European values as the foundation of political and legal cohesion in the EU and its neighborhood.
{"title":"Foreword … in the tradition of liber amicorum","authors":"J. Marko, B. Harzl, Aistė Mickonytė","doi":"10.1163/15730352-bja10040","DOIUrl":"https://doi.org/10.1163/15730352-bja10040","url":null,"abstract":"The rule-of-law backsliding in Hungary and Poland, troublesome implementation of European anti-discrimination measures, major resistance surrounding international instruments, such as the Istanbul Convention, perceived to be at odds with “traditional values”, and even questions of contested statehood, as in Kosovo: Central and Eastern as well as Southeast Europe remain in the focus of academic analysis and media coverage. This issue of the Review of Central and East European Law looks into a multitude of challenges accompanying the processes of Europeanization and the observance of European values as the foundation of political and legal cohesion in the EU and its neighborhood.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"42 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91314741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-16DOI: 10.1163/15730352-bja10036
K. Istrefi
Kosovo’s statehood has been contested by foes as well as friends. Much is known about the former and less about the latter. This contribution explores the contestation of Kosovo’s independence by the judges of the European Union Rule of Law Mission in Kosovo (eulex) working on privatization matters before Kosovo courts. As put by the Constitutional Court of the Republic of Kosovo (kcc), eulex judges working on privatization matters, “simply continued to ignore the existence of Kosovo as an independent State and its legislation emanating from its Assembly”. The kcc stated this after eulex judges working on privatization matters had refused to respect Kosovo laws and institutions subsequent to the 2008 Kosovo Declaration of Independence. This paper explores the judicial dialogue on Kosovo’s independence between eulex judges and the kcc and identifies the limitations and risks of the ‘status neutral’ policy applied by international organizations to collaborate with Kosovar institutions without prejudging its political status. This submission suggests that ‘status neutrality’ leads to either acceptance or contestation of Kosovo’s statehood and thus brings more uncertainty than clarity to Kosovo’s position in international relations.
{"title":"Contestation of Kosovo’s Statehood from Within: EULEX Judges Adjudicating Privatization Matters through ‘Status Neutrality’","authors":"K. Istrefi","doi":"10.1163/15730352-bja10036","DOIUrl":"https://doi.org/10.1163/15730352-bja10036","url":null,"abstract":"\u0000Kosovo’s statehood has been contested by foes as well as friends. Much is known about the former and less about the latter. This contribution explores the contestation of Kosovo’s independence by the judges of the European Union Rule of Law Mission in Kosovo (eulex) working on privatization matters before Kosovo courts. As put by the Constitutional Court of the Republic of Kosovo (kcc), eulex judges working on privatization matters, “simply continued to ignore the existence of Kosovo as an independent State and its legislation emanating from its Assembly”. The kcc stated this after eulex judges working on privatization matters had refused to respect Kosovo laws and institutions subsequent to the 2008 Kosovo Declaration of Independence. This paper explores the judicial dialogue on Kosovo’s independence between eulex judges and the kcc and identifies the limitations and risks of the ‘status neutral’ policy applied by international organizations to collaborate with Kosovar institutions without prejudging its political status. This submission suggests that ‘status neutrality’ leads to either acceptance or contestation of Kosovo’s statehood and thus brings more uncertainty than clarity to Kosovo’s position in international relations.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"47 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84357869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-bja10004
Marek Zirk-Sadowski
This paper presents Jerzy Wróblewski’s (1926–1990) theory of law. He was an eminent Polish legal philosopher. His philosophical minimalism, anticognitivism, relativism and moderate reconstructivism constitute the basis for analytical theory of law in Poland. He was developing his theory of law over the span of several dozens of years but the assumptions were formulated already in his first work on legal interpretation published in 1959. His paradigm of legal theory includes several areas: the theory of the legal norm, theory of legal interpretation, theory of the legal system, theory of application of law, theory of law-making and the methodology of legal sciences.
{"title":"Jerzy Wróblewski’s Legal Theory and His Influence on Humanist Legal Thought","authors":"Marek Zirk-Sadowski","doi":"10.1163/15730352-bja10004","DOIUrl":"https://doi.org/10.1163/15730352-bja10004","url":null,"abstract":"This paper presents Jerzy Wróblewski’s (1926–1990) theory of law. He was an eminent Polish legal philosopher. His philosophical minimalism, anticognitivism, relativism and moderate reconstructivism constitute the basis for analytical theory of law in Poland. He was developing his theory of law over the span of several dozens of years but the assumptions were formulated already in his first work on legal interpretation published in 1959. His paradigm of legal theory includes several areas: the theory of the legal norm, theory of legal interpretation, theory of the legal system, theory of application of law, theory of law-making and the methodology of legal sciences.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"24 6","pages":"200-216"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15730352-bja10004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72473523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-bja10008
Sławomir Tkacz
The present paper aims to present an outline of the views of the Polish legal theorist Józef Nowacki (1923–2005). The claim put forward is that Nowacki was the chief representative of Hans Kelsen’s normativism in Polish legal theory. The paper begins with a short historical sketch presenting the reception of Hans Kelsen’s views in Polish jurisprudence, noting that in the post-war period the communist authorities believed that normativism was at odds with the then prevailing system of actually existing socialism. Drawing inspiration from German-speaking authors, Nowacki rejected the ideology prevailing in Poland at that time and became a staunch advocate of the normativist stance, in particular with regard to the theory of the legal system. The second part of the paper discusses Nowacki’s views regarding the concept of the rule of law, and the third and last part presents Nowacki’s critique of the case-law of the Polish Constitutional Court.
{"title":"Józef Nowacki as a Theoretician of Normativism in Poland","authors":"Sławomir Tkacz","doi":"10.1163/15730352-bja10008","DOIUrl":"https://doi.org/10.1163/15730352-bja10008","url":null,"abstract":"The present paper aims to present an outline of the views of the Polish legal theorist Józef Nowacki (1923–2005). The claim put forward is that Nowacki was the chief representative of Hans Kelsen’s normativism in Polish legal theory. The paper begins with a short historical sketch presenting the reception of Hans Kelsen’s views in Polish jurisprudence, noting that in the post-war period the communist authorities believed that normativism was at odds with the then prevailing system of actually existing socialism. Drawing inspiration from German-speaking authors, Nowacki rejected the ideology prevailing in Poland at that time and became a staunch advocate of the normativist stance, in particular with regard to the theory of the legal system. The second part of the paper discusses Nowacki’s views regarding the concept of the rule of law, and the third and last part presents Nowacki’s critique of the case-law of the Polish Constitutional Court.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"51 1","pages":"248-267"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82668961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-bja10006
Marzena Kordela
Zygmunt Ziembiński defined law as a system of norms of conduct distinguishable from other social norms by determined formal features. By qualifying norms as linguistic expressions he predetermined the analytical character of his entire theory of law. However, by assuming that the creator of legal norms – the rational legislator – among its methodological characteristics also includes the assumption of axiological rationality, he gave a moral dimension to his concept of law.
Zygmunt Ziembiński将法律定义为一种行为规范系统,通过确定的形式特征将其与其他社会规范区分开来。通过将规范限定为语言表达,他预先确定了他的整个法律理论的分析特征。然而,通过假设法律规范的创造者——理性的立法者——在其方法论特征中也包括价值理性的假设,他赋予了他的法律概念一个道德维度。
{"title":"Zygmunt Ziembiński and his Analytical Theory of Law: Formalization of Law as an Instrument to Protect its Minimal Moral Content","authors":"Marzena Kordela","doi":"10.1163/15730352-bja10006","DOIUrl":"https://doi.org/10.1163/15730352-bja10006","url":null,"abstract":"Zygmunt Ziembiński defined law as a system of norms of conduct distinguishable from other social norms by determined formal features. By qualifying norms as linguistic expressions he predetermined the analytical character of his entire theory of law. However, by assuming that the creator of legal norms – the rational legislator – among its methodological characteristics also includes the assumption of axiological rationality, he gave a moral dimension to his concept of law.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"99 1","pages":"268-280"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77521518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-04502001
Tomasz Bekrycht, R. Mańko
The present paper provides a general overview of the sources of inspiration and main currents in Polish jurisprudence in the 20th century, especially in the post-War and contemporary period. The paper notes that the main sources of inspiration in the early 20th century included Leon Petrażycki, Bronisław Wróblewski, Czesław Znamie-rowski and Jerzy Lande, who exerted a great influence on the first generation of Polish post-War legal theorists. The Lvov-Warsaw school of analytical philosophy also had a huge impact on Polish jurisprudence, as the school to a large extent determined the research questions posed by Polish legal theorists. Indeed, analytical legal theory can be said to have dominated Polish jurisprudence from the 1950s up to the end of the 1980s. After 1989, a broad current of new philosophical approaches to jurisprudence emerged, including legal hermeneutics and philosophies of interpretation, legal ethics, postmodern and critical legal theory, the phenomenology of law as well as an original Polish achievement – the legal theory of ‘juriscentrism’.
{"title":"Polish Jurisprudence in the 20th Century: A General Overview","authors":"Tomasz Bekrycht, R. Mańko","doi":"10.1163/15730352-04502001","DOIUrl":"https://doi.org/10.1163/15730352-04502001","url":null,"abstract":"The present paper provides a general overview of the sources of inspiration and main currents in Polish jurisprudence in the 20th century, especially in the post-War and contemporary period. The paper notes that the main sources of inspiration in the early 20th century included Leon Petrażycki, Bronisław Wróblewski, Czesław Znamie-rowski and Jerzy Lande, who exerted a great influence on the first generation of Polish post-War legal theorists. The Lvov-Warsaw school of analytical philosophy also had a huge impact on Polish jurisprudence, as the school to a large extent determined the research questions posed by Polish legal theorists. Indeed, analytical legal theory can be said to have dominated Polish jurisprudence from the 1950s up to the end of the 1980s. After 1989, a broad current of new philosophical approaches to jurisprudence emerged, including legal hermeneutics and philosophies of interpretation, legal ethics, postmodern and critical legal theory, the phenomenology of law as well as an original Polish achievement – the legal theory of ‘juriscentrism’.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"49 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80323911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-bja10005
W. Zomerski
The main aim of this paper is to reconstruct Stanisław Ehrlich’s critique of legal dogmatics by which he understood a legal discipline that explains in a systematic manner the normative material which consists of description, classification and systematization of norms. As an additional aim of this article is to remind about Ehrlich’s achievements and contribution to the regional legal theory, this is preceded by the author’s biographical note. The reconstruction of Ehrlich’s critique of legal dogmatics consists of three elements. Firstly, I discuss the author’s understanding of legal dogmatics and attitude towards it in the context of the domestic legal theory. Secondly, I consider the theoretical background of Ehrlich’s critique of legal dogmatics and I argue that it might be seen as a part of three broader threads in the author’s writings: realism, decision-focused concept of law and pluralism. Finally, I reconstruct Ehrlich’s critique of legal dogmatics formulated in the 1950s and in the 1960s. This is followed by a brief summary and consideration of Ehrlich’s possible application in the broadly understood legal theory. I shall argue that Ehrlich’s critique of legal dogmatics and his realistic concept of law might be interesting for all who examine the law in its broader social context, looking at it from the external point of view, adopting critical as well as post-analytical attitudes towards the law. As possible fields of Ehrlich’s application, I identify ongoing discussions on rule of law, legal education, adjudication and judicial formalism. I shall also argue that Ehrlich’s realistic concept of the law remains an interesting piece of Central Eastern European critical thought.
{"title":"Stanisław Ehrlich’s Critique of Legal Dogmatics: Then and Now","authors":"W. Zomerski","doi":"10.1163/15730352-bja10005","DOIUrl":"https://doi.org/10.1163/15730352-bja10005","url":null,"abstract":"The main aim of this paper is to reconstruct Stanisław Ehrlich’s critique of legal dogmatics by which he understood a legal discipline that explains in a systematic manner the normative material which consists of description, classification and systematization of norms. As an additional aim of this article is to remind about Ehrlich’s achievements and contribution to the regional legal theory, this is preceded by the author’s biographical note. The reconstruction of Ehrlich’s critique of legal dogmatics consists of three elements. Firstly, I discuss the author’s understanding of legal dogmatics and attitude towards it in the context of the domestic legal theory. Secondly, I consider the theoretical background of Ehrlich’s critique of legal dogmatics and I argue that it might be seen as a part of three broader threads in the author’s writings: realism, decision-focused concept of law and pluralism. Finally, I reconstruct Ehrlich’s critique of legal dogmatics formulated in the 1950s and in the 1960s. This is followed by a brief summary and consideration of Ehrlich’s possible application in the broadly understood legal theory. I shall argue that Ehrlich’s critique of legal dogmatics and his realistic concept of law might be interesting for all who examine the law in its broader social context, looking at it from the external point of view, adopting critical as well as post-analytical attitudes towards the law. As possible fields of Ehrlich’s application, I identify ongoing discussions on rule of law, legal education, adjudication and judicial formalism. I shall also argue that Ehrlich’s realistic concept of the law remains an interesting piece of Central Eastern European critical thought.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"1 1","pages":"314-333"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75370577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-bja04502003
R. Mańko
Artur Kozak (1960–2009) was one of the most original and innovative philosophers of law to emerge from the so-called ‘middle generation’ of Polish post-War jurisprudence. Kozak’s principal achievement was to break away from the analytical paradigm of legal theory, dominant in the in Poland at the time, and engage legal theory in a fruitful dialogue with contemporary sociology and philosophy, including such currents as social constructionism or postmodernism. To name his original theoretical project, Kozak coined a new term – ‘juriscentrism’ (juryscentryzm), consciously evoking Richard Rorty’s concept of ethnocentrism. Juriscentrist legal theory was mainly focused on providing legitimacy for the newly gained power of the legal community in a post-socialist society, but its theoretical resonance is universal. Kozak’s premature death made it impossible to complete the theoretical project of juriscentrism, nonetheless he managed to elaborate its main tenets, including the concept of juristic discretional power and a juriscentrist concept of law. Kozak’s legacy in contemporary Polish legal theory is particularly visible in Wrocław, where not only the post-analytical paradigm in Poland is the strongest, but also the first Polish school of critical legal theory has
{"title":"Artur Kozak’s Juriscentrist Concept of Law: a Central European Innovation in Legal Theory","authors":"R. Mańko","doi":"10.1163/15730352-bja04502003","DOIUrl":"https://doi.org/10.1163/15730352-bja04502003","url":null,"abstract":"Artur Kozak (1960–2009) was one of the most original and innovative philosophers of law to emerge from the so-called ‘middle generation’ of Polish post-War jurisprudence. Kozak’s principal achievement was to break away from the analytical paradigm of legal theory, dominant in the in Poland at the time, and engage legal theory in a fruitful dialogue with contemporary sociology and philosophy, including such currents as social constructionism or postmodernism. To name his original theoretical project, Kozak coined a new term – ‘juriscentrism’ (juryscentryzm), consciously evoking Richard Rorty’s concept of ethnocentrism. Juriscentrist legal theory was mainly focused on providing legitimacy for the newly gained power of the legal community in a post-socialist society, but its theoretical resonance is universal. Kozak’s premature death made it impossible to complete the theoretical project of juriscentrism, nonetheless he managed to elaborate its main tenets, including the concept of juristic discretional power and a juriscentrist concept of law. Kozak’s legacy in contemporary Polish legal theory is particularly visible in Wrocław, where not only the post-analytical paradigm in Poland is the strongest, but also the first Polish school of critical legal theory has","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"4 1","pages":"334-375"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85601098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-bja10007
Urszula Kosielinska-Grabowska
In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimierz Opałek, apart from other issues, analyzes directives, optatives and evaluative statements as utterances belonging to the directive discourse and deals with a question of the logical-semantic status of the utterances. Opałek’s main critique concerns the logical-semantic status of the topic – the concept introduced by Alf Ross. Opałek demonstrates that directives cannot be represented by Ross’s formula: ‘d(T)’ (where d stands for the directive operator and T represents the neutral phrase, called ‘topic’). Polish legal theorist claims that the correct symbolic formula for directive structure is: ‘D(ut p)’. Such a formula for directive contains, besides the directive operator D, a sentence in a subjunctive mood, introduced by the ut- or utinam- connective clause.
Kazimierz Opałek在其专著Z teorii dyrektyw i norm(来自指令与规范的理论)(1974)中,除其他问题外,将指令、选项和评价性陈述作为属于指令语篇的话语进行了分析,并处理了话语的逻辑-语义地位问题。Opałek的主要批评是关于主题的逻辑语义状态——这个概念是由Alf Ross引入的。Opałek证明指令不能用Ross的公式来表示:' d(T) '(其中d代表指令操作符,T代表中性短语,称为' topic ')。一位波兰法律理论家声称,指示结构的正确符号公式是:“D(ut p)”。这样的指示式除了包含指示操作符D外,还包含一个虚拟语气的句子,该句子由ut-或utinam-连接从句引入。
{"title":"Opałek and Ross on Directives and Norms: A Comparative Study","authors":"Urszula Kosielinska-Grabowska","doi":"10.1163/15730352-bja10007","DOIUrl":"https://doi.org/10.1163/15730352-bja10007","url":null,"abstract":"In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimierz Opałek, apart from other issues, analyzes directives, optatives and evaluative statements as utterances belonging to the directive discourse and deals with a question of the logical-semantic status of the utterances. Opałek’s main critique concerns the logical-semantic status of the topic – the concept introduced by Alf Ross. Opałek demonstrates that directives cannot be represented by Ross’s formula: ‘d(T)’ (where d stands for the directive operator and T represents the neutral phrase, called ‘topic’). Polish legal theorist claims that the correct symbolic formula for directive structure is: ‘D(ut p)’. Such a formula for directive contains, besides the directive operator D, a sentence in a subjunctive mood, introduced by the ut- or utinam- connective clause.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"44 1","pages":"299-313"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80970008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-23DOI: 10.1163/15730352-04502002
Tomasz Bekrycht
The work of Jerzy Wróblewski has had a huge impact not only on the theory and philosophy of law, both in Poland and internationally, but also on the whole of jurisprudence, especially the fields of doctrinal legal research and the practical application of the law (in particular on adjudication). The aim of this study is to present one of Wróblewski’s most influential concepts, namely the theoretical model of judicial interpretation, from the point of view of axiology and epistemology in the field of jurisprudence.
Jerzy Wróblewski的工作不仅对波兰和国际上的法律理论和哲学产生了巨大影响,而且对整个法理学产生了巨大影响,特别是在理论法律研究和法律的实际应用领域(特别是在裁决方面)。本研究旨在从法理学领域的价值论和认识论的角度,呈现Wróblewski最具影响力的概念之一,即司法解释的理论模型。
{"title":"Jerzy Wróblewski’s Concept of Legal Interpretation in its Axiological and Epistemological Context","authors":"Tomasz Bekrycht","doi":"10.1163/15730352-04502002","DOIUrl":"https://doi.org/10.1163/15730352-04502002","url":null,"abstract":"The work of Jerzy Wróblewski has had a huge impact not only on the theory and philosophy of law, both in Poland and internationally, but also on the whole of jurisprudence, especially the fields of doctrinal legal research and the practical application of the law (in particular on adjudication). The aim of this study is to present one of Wróblewski’s most influential concepts, namely the theoretical model of judicial interpretation, from the point of view of axiology and epistemology in the field of jurisprudence.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"39 1","pages":"217-228"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82447091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}