The Present Status of Legal Theory in Poland
Author | : Jerzy Wróblewski |
Publisher | : |
Total Pages | : 0 |
Release | : 1980 |
Genre | : |
ISBN | : |
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Author | : Jerzy Wróblewski |
Publisher | : |
Total Pages | : 0 |
Release | : 1980 |
Genre | : |
ISBN | : |
Author | : Wenceslas J. Wagner |
Publisher | : |
Total Pages | : 498 |
Release | : 1970 |
Genre | : Law |
ISBN | : |
History of the past one thousand years of Polish law.
Author | : Martin Löhnig |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : 9783205217374 |
Author | : |
Publisher | : BRILL |
Total Pages | : 224 |
Release | : 2021-11-15 |
Genre | : Law |
ISBN | : 9004457046 |
Author | : |
Publisher | : |
Total Pages | : 1068 |
Release | : 1994 |
Genre | : Law |
ISBN | : |
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 338 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 9780674042230 |
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Author | : Roberta Kevelson |
Publisher | : Springer Science & Business Media |
Total Pages | : 353 |
Release | : 2012-12-06 |
Genre | : Law |
ISBN | : 146130959X |
However, it became apparent shortly after the establishing of the Center that not only were all methods of legal semiotics not Peircean in origin, but were in their respective foundational assumptions not likely to be compatible with Peirce's semiotics without some radical, transforming development of the idea, 'legal semiotics'. It was clear that if one would intend to be faithful to Peircean semiotics then holding a fixed notion of what an idea of Peircean semiotics of law means would be a violation of the spirit of Peirce's thought; this above all emphasizes the growth and development of initiative ideas and also the stricture that all leading principles must be subject to revision. Even the idea of Peircean semiotics, as leading principle, must itself be an open idea, the meaning of which must be transformable through the process of defining it. A metasemiotics view of a semiotics of law must leave open the possibility for revision of the leading principle of the term, "legal semiotics. " Therefore, if legal semiotics is an idea which accumulates and evolves its meaning in the very process of self-examination, then a process of investigating law investigates itself as well in any semiotic process of inquiry. It became apparent that the most appropriate contribution the Center could make to the area of a Peirce an semiotics would be to act as a sponsor, an inclusive rather than exclusive agent for inquiry of all kinds into the general topic of law and semiotics.
Author | : Tímea Drinóczi |
Publisher | : Routledge |
Total Pages | : 170 |
Release | : 2021-09-15 |
Genre | : Law |
ISBN | : 1000428761 |
This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.
Author | : Wojciech Sadurski |
Publisher | : Oxford Comparative Constitutio |
Total Pages | : 305 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 0198840500 |
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
Author | : Anneli Albi |
Publisher | : Springer |
Total Pages | : 1522 |
Release | : 2019-05-29 |
Genre | : Law |
ISBN | : 9462652732 |
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.