Poznań School of Legal Theory

Poznań School of Legal Theory
Author: Paweł Kwiatkowski
Publisher: BRILL
Total Pages: 436
Release: 2021-02-08
Genre: Philosophy
ISBN: 9004448446

This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.

Foundations of Law: The Polish Perspective

Foundations of Law: The Polish Perspective
Author: Marek Smolak
Publisher: Wolters Kluwer
Total Pages: 840
Release: 2021-06-09
Genre: Law
ISBN: 8382462987

“Foundations of Law: The Polish Perspective” covers a range of issues forming the core of academic legal education in Poland. It provides basic knowledge about Polish law and Polish legal culture, and constitutes an innovative introduction to the European approach to the concept of law, legal reasoning, recent challenges and the problems of legal development. “ The book contains nineteen chapters, the aim of each being to give an understandable presentation and discussion of a specific area of law. The early chapters present an overview of the historical foundations of Polish law and the Polish theory and philosophy of law. The following chapters address private, public, criminal and economic law as is applied in Poland. Diagrams have been included to increase clarity of the text and some contributions are supplemented with case studies. Further reading in other languages recommended by the authors of individual chapters will facilitate a more in-depth understanding of Polish law and Polish legal culture as a part of the tradition of civil law, which is currently also a reflection of the legislative activity of the European Union. This publication is the joint work of members of the Faculty of Law and Administration, Adam Mickiewicz University, Poznań. The Faculty is one of the largest and best law schools in Poland and has been consistently rated as one of the best in the country. The Faculty was established in its original form in 1919, at the same time as the University itself. The Faculty meets the requirements of contemporary trends in higher education by conducting high level research. The academic staff recognize the demands of social processes and seek to create value for society, science, culture and the economy. Consequently, the results of the research conducted at the University at local, international and interdisciplinary level may be applied in practice.

Ratio Legis

Ratio Legis
Author: Verena Klappstein
Publisher: Springer
Total Pages: 207
Release: 2018-05-02
Genre: Law
ISBN: 331974271X

The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.

Political Dialogue

Political Dialogue
Author: Stephen Lawrence Esquith
Publisher: Rodopi
Total Pages: 388
Release: 1996
Genre: Philosophy
ISBN: 9789051839975

From the contents: Reason's reach: liberal tolerance and political discourse (Alfonso J. Damico).- Individualism and political dialogue (Tibor R. Machan).- Phronesis and political dialogue (Mark Kingwell).- Democracy and intellectual mediation: after liberalism and socialism (Richard T. Peterson).- Participation, power, and democracy (James H. Read).- Retribution in democracy (Aleksandar Fatic).