VOOZH about

URL: https://www.peterlang.com/document/1056703

⇱ The Concept of Modern Law


Loading...

The Concept of Modern Law

Polish and Central European Tradition

by Michał Peno (Volume editor) Konrad Burdziak (Volume editor) 👁 Image
©2019 Edited Collection 196 Pages
Series: Ius, Lex et Res Publica, Volume 11

Summary

This book contains texts prepared by representatives of various branches of law, philosophers and dogmatists who link a general reflection on law with caselaw. This ensures that the presented approaches are versatile and insightful, and that the addressed issues vary, the most important of which is the oeuvre of the Polish jurisprudence and its contribution to building a modern state and legal theories. The context exceeds beyond a simple report on or presentation of this oeuvre and, in many cases, it only refers to it.
The primary aim of this book is to determine, as follows: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.

Table Of Contents

  • Cover
  • Title Page
  • Copyright Page
  • Preface
  • About the editors
  • About the book
  • Citability of the eBook
  • Contents
  • Introduction: The Idea of Modern Law in the Light of Polish Legal Doctrine and Theory of Law
  • Legal Policy by Leon Petrazycki vs. Theory of Law by Jerzy Wróblewski
  • The Theories and Views of Leon Petrażycki and the Creation and Development of Labour Law
  • Regulatory Impact Assessment in Poland as an Example of the Economization of Law – Evolution, Problems, Development Perspectives
  • Article 31 Section 3 of the Polish Constitution and Leon Petrażycki’s Concept of the Policy of Law
  • From the Psychologism of Leon Petrazycki to the Model of Subjective Criminal Liability in the Polish Law
  • Scope of Moral Evaluation of a Man’s Act as a Co-creating Element of Intuitive Law and Positive Law as regards the Model Structure of a Sanctioned Norm in Criminal Law (A Contribution to the Possible Impact of Leon Petrażycki’s Theory of Criminal Law)
  • Sensus Spiritualis of Polish Civil Law – A Few Words on the Autonomy of the Will
  • Values in the Interpretation of Law. (From the Traditional to the Contemporary Approach in the Polish Theory of Law)
  • Recognition of Facts and Application of Law (Based on the Concept of Judicial Application of Law by Jerzy Wróblewski)
  • On the Concept of Conventional Actions in Law
  • Bibliography

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 |

Details

Pages
196
Publication Year
2019
ISBN (Hardcover)
9783631783252
ISBN (PDF)
9783631785805
ISBN (ePUB)
9783631785812
ISBN (MOBI)
9783631785829
DOI
10.3726/b15622
Language
English
Publication date
2019 (July)
Keywords
Legal policy Modernity Petrażycki Public Law Private Law
Published
Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2019., 196 pp.
Product Safety
Peter Lang Group AG

Biographical notes

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.

Key Subject Areas

Previous

👁 Title: The Concept of Modern Law