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Polish and Central European Tradition
M. Peno, consulted with M. Zieliński
The monograph contains texts pertaining to the most important issues from the field of research on the forming, shaping (reshaping) and evolution of modern jurisprudence in Central European legal tradition (here, this term will be applied intuitively to characterise countries such as Poland, Bulgaria, the Czech Republic, Romania, Slovakia, Hungary and probably Belarus or Ukraine, and partially also the Baltic States). It should be noted at the very beginning that Polish jurisprudence serves here as the fundamental reference point. The very notion of legal tradition may give rise to certain concerns that are not definitively resolved in the monograph. The indirect objective of this book is to answer the question whether such a tradition exists and what is the role it plays in the globalising world of legal though that remains influenced by Western sciences (particularly the Anglo-Saxon ones). This question can be answered in reference to the innovative character of ways in which research problems can be solved, the historical continuity (identity) of concepts, theories, schools and research institutions, as well as a certain type of cultural connections with Central European jurisprudence. It should be noted that Polish jurisprudence in a broad sense collects in its history, present day and ambitions all the characteristics that are typical of the central part of Europe, namely, (a) pluralism of sources and inspirations (related to long-term absence of statehood and the resulting employment of researchers at various research institutions), (b) relatively late, yet highly intense implementation of Enlightenment ideas that took on in the legal thought and legislature of newly formed or reborn states (at the turn of the 20th century or in the early 20th century) the form of a fully developed modernism (with the specific Neo-Positivist admiration, naturalistic approach to research and their subject), (c) a specific type of social progressiveness (e.g. voting rights for groups that were previously discriminated) and (d) the experience of Marxist ideology different to the West, for real and not just imaginary.
Nonetheless, historically, the Polish legal thought has drawn inspiration from traditions that were sometimes contradictory (e.g. the Franconian and the German ones), formulated at Russian, German, Austrian or French universities. This formulation covered detailed knowledge of the binding law (legal ←9 |
Michał Peno (Volume editor)
Konrad Burdziak (Volume editor) 👁 Image
Michał Peno is Assistant Professor at the Departament of Theory of Law and Legal Philosphy at the University of Szczecin. He has been a guest lecturer and visiting researcher at the Sofia University and University of National and Word Economy, Sofia, Bulgary, Deusto University, Bilbao, Spain, Greifswald University, Greifswald, Germany, Bergen University, Bergen, Norway, University of Cordoba, Cordoba, Spain and Oñati International Institute for the Sociology of Law, Spain. Michał Peno has published 4 books and more than 50 scientific papers. Konrad Burdziak is Assistant Professor at the Department of Criminal Law at the University of Szczecin and at the Section of Criminal Law and Process at the Institute of Justice. The general areas of his research interests include: criminal law, criminal procedure ad suicidology.