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Poznań School of Legal Theory
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This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application in the era of moral pluralism and multicentric legal systems. Moreover, the legal-theoretical proposals put forward by the circle of Poznań legal theorists, and supported by firm methodological foundations, have not, by any means, lost their value.
Although each of the authors tackles issues from different perspectives, there is a discernible unity in their approaches, expressed in the conviction that modest analysis makes more sense than ambitious analysis of the concept of law or the nature of law.
The Poznań School has made several valuable contributions to contemporary legal theory: its works have drawn from Polish philosophy of language and therefore embedded its theoretical and legal considerations in the Polish philosophical culture; it created an original model method which consists of considering ideal situations in which dependencies are not disturbed by the influence of other factors; and it treats the human being as a rational person, and thus as a cognizing subject and a rational agent.
Although each of the authors tackles issues from different perspectives, there is a discernible unity in their approaches, expressed in the conviction that modest analysis makes more sense than ambitious analysis of the concept of law or the nature of law.
The Poznań School has made several valuable contributions to contemporary legal theory: its works have drawn from Polish philosophy of language and therefore embedded its theoretical and legal considerations in the Polish philosophical culture; it created an original model method which consists of considering ideal situations in which dependencies are not disturbed by the influence of other factors; and it treats the human being as a rational person, and thus as a cognizing subject and a rational agent.
Marek Smolak is Professor of Theory of Law at the Adam Mickiewicz University, Poznań. He holds the Chair of Theory and Philosophy of Law and the position of chairman of the Scientific Board of the Faculty of Law and Administration. He is also a member of the Polish Academy of Science and editor-in-chief of the
Journal of Law, Economics and Sociology.
Paweł Kwiatkowski is Assistant Professor in the Department of Public International Law of the University of Gdańsk and editor-in-chief of the Adam Mickiewicz University Law Review.
Paweł Kwiatkowski is Assistant Professor in the Department of Public International Law of the University of Gdańsk and editor-in-chief of the Adam Mickiewicz University Law Review.
Content
Acknowledgements
Note on Translations
1 The Poznań School of Legal Theory. Origins – People – Ideas Marek Smolak and Paweł Kwiatkowski
2 The Legal System and Legal Norms Czesław Znamierowski
3 The Normative Conception of the Sources of Law Zygmunt Ziembiński
4 Legal Provisions and Legal Norms Zygmunt Ziembiński
5 The Typology of Legal Norms Zygmunt Ziembiński
6 Competences and Competence Norms Zygmunt Ziembiński
7 Justifications of Statements, Evaluations and Norms in Jurisprudence Zygmunt Ziembiński
8 Juristic Interpretation Leszek Nowak
9 The Derivational Theory of Legal Interpretation as an Integrated Theory Maciej Zieliński
10 Eighteen Myths in Thinking about the Interpretation of Law Maciej Zieliński
11 On the Specific Nature of Constitutional Interpretation. Additional Comments Sławomira Wronkowska
12 Once More on the Sources of Law and Normative Acts Sławomira Wronkowska
13 Polish Legislative Procedure and the Role of the Polish Constitutional Tribunal from the Perspective of the Theory of Conventional Acts and Formal Acts in Law Stanisław Czepita
14 A Definition of Forbearance Wojciech Patryas
15 The Interpretative Paradigm Shift during the Period of Transformation in Poland Marek Smolak
16 The Ontological Presuppositions of Legal Texts Marek Smolak
17 Change in Law, Intertemporal Situation and Intertemporal Problem Jarosław Mikołajewicz
18 Principles of Law Marzena Kordela
19 Axiological Law Interpretation Marzena Kordela
20 Remarks on the Pragmatic Role of Legal Definitions in the Derivational Theory of Legal Interpretation Maciej Dybowski
21 The Structural Conception of Conventional Legal Acts Piotr F. Zwierzykowski
22 Legal Interpretation in Periods of Political Transformation Michał Krotoszyński
23 The Concurrence of Legal Provisions as an Interpretative Problem. An Outline of the Issue Mikołaj Hermann
Index
Acknowledgements
Note on Translations
1 The Poznań School of Legal Theory. Origins – People – Ideas Marek Smolak and Paweł Kwiatkowski
2 The Legal System and Legal Norms Czesław Znamierowski
3 The Normative Conception of the Sources of Law Zygmunt Ziembiński
4 Legal Provisions and Legal Norms Zygmunt Ziembiński
5 The Typology of Legal Norms Zygmunt Ziembiński
6 Competences and Competence Norms Zygmunt Ziembiński
7 Justifications of Statements, Evaluations and Norms in Jurisprudence Zygmunt Ziembiński
8 Juristic Interpretation Leszek Nowak
9 The Derivational Theory of Legal Interpretation as an Integrated Theory Maciej Zieliński
10 Eighteen Myths in Thinking about the Interpretation of Law Maciej Zieliński
11 On the Specific Nature of Constitutional Interpretation. Additional Comments Sławomira Wronkowska
12 Once More on the Sources of Law and Normative Acts Sławomira Wronkowska
13 Polish Legislative Procedure and the Role of the Polish Constitutional Tribunal from the Perspective of the Theory of Conventional Acts and Formal Acts in Law Stanisław Czepita
14 A Definition of Forbearance Wojciech Patryas
15 The Interpretative Paradigm Shift during the Period of Transformation in Poland Marek Smolak
16 The Ontological Presuppositions of Legal Texts Marek Smolak
17 Change in Law, Intertemporal Situation and Intertemporal Problem Jarosław Mikołajewicz
18 Principles of Law Marzena Kordela
19 Axiological Law Interpretation Marzena Kordela
20 Remarks on the Pragmatic Role of Legal Definitions in the Derivational Theory of Legal Interpretation Maciej Dybowski
21 The Structural Conception of Conventional Legal Acts Piotr F. Zwierzykowski
22 Legal Interpretation in Periods of Political Transformation Michał Krotoszyński
23 The Concurrence of Legal Provisions as an Interpretative Problem. An Outline of the Issue Mikołaj Hermann
Index
The book is dedicated to readers interested in legal theory, legal philosophy and methodology of legal sciences.