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.
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.
Acknowledgements Note on Translations 1
The Poznań School of Legal Theory. Origins – People – IdeasMarek Smolak and Paweł Kwiatkowski 2
The Legal System and Legal NormsCzesław Znamierowski 3
The Normative Conception of the Sources of LawZygmunt Ziembiński 4
Legal Provisions and Legal NormsZygmunt Ziembiński 5
The Typology of Legal NormsZygmunt Ziembiński 6
Competences and Competence NormsZygmunt Ziembiński 7
Justifications of Statements, Evaluations and Norms in JurisprudenceZygmunt 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.