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1
Content available remote Uzasadnienie orzeczeń sądowych – wybrane problemy
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EN
The justification of judicial decisions is an important research segment of jurisprudence and, at the same time, a very useful instrument in practice, with multiple – constantly discovered, not fully recognised and valued functions. First of all, it is, as a rule, an inseparable element of a judicial decision and a component of a fair trial. Its jurisprudential functions naturally come to the fore. In the considerations undertaken, emphasis is placed on the multilateral determinants and changing paradigms of legal culture. Judicial jurisprudence remains an inherent part of it. The presented material captures the theme of the evolution that is taking place in the model of law – from an autonomous idea, through a closed concept, to a model of law in which facts are relevant. Social changes, characterised by responsiveness in the approach to the interpretation and application of law, are also described.
EN
Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities
EN
The article deals with theoretical and methodological aspects of interaction between Ukraine and EU in the context of actual needs to transform legal consciousness. Epistemological potential of rational synthesis of Philosophy of History and philosophy of Law in the process of conceiving historical and cultural peculiarities of democratic reforms is accentuated here. A specific character of experience to apply logic and historical methods in comparative Jurisprudence and perspectives of its implementation in the course of studying historical processes are being analyzed. Peculiarities of inward connections and interactions of the ideas of priority of Law and social justice are also specified. Special attention is paid here to logical and ethical aspects of Law work, historical and methodological potencial of experience. Nowadays , when we observe livening up of interdisciplinary studies in the sphere of the Humanities with the accent on pluralization of theoretical and methodological basis of historical writing as well as growing interest to the questions of evolution of national historical grand narrative and the style of thinking, the importance of a given methodological segment is gradually increasing.
EN
The need for law education is indispensable in the individual and, as a consequence, social dimension. Its early initiation will “internalize” patterns of behaviour and response which will contribute to conscious functioning in society, and, as a result, building of a society of law. Therefore, one of the goals of the presented text is to indicate the fact that ignorantia iuris nocet. Such a conceptualization is preventive, prophylactic, and inhibitory. First and foremost, the purpose of addressing the issue is to show the need to raise legal awareness that builds legal culture of society, and improves the quality of life. The analysis of the results of the research conducted among schoolchildren aged 15-16 indicates that legal awareness of the young generation differentiates the frequency of behaviours contrary to social and legal standards-the higher legal awareness of young people is, the lower the level of particular problem behaviours in this group is. The paper also outlines recommendations on solutions that can be used to create future prevention programs aimed at building an aware information society and the high legal culture of its members.
EN
This essay, after determining the characteristics constituting a codification, sets out the historical conditions for the creation of national codifications in the late 18th and early 19th centuries. It then deals with a number of myths and misconceptions associated with codifications. The Proposal for a Regulation on a Common European Sales Law has now firmly placed the issue of codification on the European legal agenda. The essay therefore attempts to assess its chances of success against the background of the historical experiences; thus, it considers the arguments that have, in the past, been advanced in favour of codifications of private law and also looks at other factors that have contributed to their success. All in all, the auspices for a European Code of Contract Law, let alone a Civil Code, are far from ideal.
7
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EN
The author addresses on a multidisciplinary platform and from the theoretical legal and philosophical legal perspective the issue of minorities and multicultural education at universities. Through its criticism she reveals the emptiness and confusion of the concepts of social sciences and humanitarian disciplines and brings to light the ‘asset stripping’ of the normative systems. Multiculturalism in the context of a value-based university education is presented as relativism applied in the field of the social sciences with repercussions on social engineering and complete transformation of cultural and social values. Her conclusions about value perception and interpretation of multidisciplinary concepts of multiculturalism unearth in the final analysis concurrent processes leading to ideologization of scholarly disciplines and in particular law, which ceases to be a value and becomes a means used by the power structures of the globalized world.
EN
The anthropological orientation of the word law in Adam Mickiewicz’s writingsThis article discusses the anthropological orientation of the word law in Adam Mickiewicz’s writings. The author claims that this word is essential for the interpretation of the poet’s historiosophical thought, in the context of legal culture of the Grand Duchy of Lithuania. The citizens of Lithuanian territories recognized the 16th century Statutes as a distinctive feature of the state’s cultural identity, because they were still effective in the judicature under the Russian Partition, and in social awareness they remained a semblance of the independence from the foreign rule. The Romantic understanding of law, state and morality resulted in perceiving these values as “the spirit of the world” of which the image of virtue was born. In the dimension of legal discourse, law as an idea takes a real shape in its definition, in poetic tropes, and in scholarly discussions, but most of all in the actions of literary characters. The metaphorical and symbolic meanings of law manifest themselves in the topos of the court of law, judging what is right and what is wrong; good and bad faith; in family, social and political relations. The analysis of the texts has shown that the poet, by depicting the way of perceiving and understanding the organisation of political life in analogy to family life, enclosed his own personal vision of law and order in the structures of language. Антропологическая ориентация слова право в творчестве Адама МицкевичаСтатья посвящена антропологической ориентации слова право в текстах Адама Мицкевича. Автор утверждает, что слово является ключом к интерпрета ции главной историософической мысли поэта в контексте юридической культуры Великого княжества Литовского. Культурообразующим знаком государства для жителей литовских земель были статуты XVI века, которые были обязательны еще на территории аннексированной Россией, а в общественном сознании oни были символом зависимости от чужой власти. Понимание права, государства и моральности в Романтизме отражают ценности, олицетворяющие «дух мира», который рождает представление о добродетели. В юридическом дискурсе право как идея добра принимает реальную форму в определении, в поэтических тропах и в ученых выводах, а прежде всего в действиях литературных героев. Метафорическое и символическое значение права выражается в теме суда, устанавливающего правых и виноватых, выносящего решение о добрых и злых намерениях в семейных, общественных и политических отношениях. Анализ текстов показывает, что поэт, проводя аналогию между политической и семейной жизнью, в структурах языка реализует собственное представление о законности.
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tom 7
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nr 3
541–544
EN
The reviewed book of Janusz Łosowski attempts to investigate the importance of written documentation in the life of peasants in the Polish-Lithuanian Commonwealth in the 16th–18th centuries, especially in the lands of the Polish Crown, basing mostly on the sources concerning Lesser Poland (Małopolska). The study of Łosowski has been based upon extensive and thorough archive query, including very interesting groups of sources (some of them excerpted in the annexes). It attempts to deepen the knowledge of early modern legal culture and mentality of peasant societies.
EN
There can be no doubt that Professor Artur Kozak (1960-2009) was amongst the most original and innovative Central European legal theorists of the tu of the 2t0h and 21st century. His legal theory named 'juriscentrism', based on an unprecedented synthesis of philosophical interpretationism and anti--represent tionism, sociologocial constructivism, as well as pragmatist ethics (inspired b ethnocentrism), allowed to produce a fresh legitimising narrative for lawye power in society. The present paper aims to enquire about the place and role played by legal tradition within Kozak's jurisprudential project. Its main clai will be that legal tradition is a keystone of juriscentrism, as it is the basis for identity and the reproduction of the legal community, the sole guarantor of t reasonableness of judicial decisions.
11
Content available Emotional Labour of Judges
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EN
Our article concentrates on emotions as related to the functioning of man in the judicial system seen as a modern bureaucratic institution. Special attention is given to the work of judges due to their key position in this system. In legal discourse there is a dominating normative idea of a judge as a decision-making subject free of any emotional factors influencing their judgment. According to this traditional approach, a decision biased even in the slightest way by emotions could not be regarded as impartial, whereas judicial impartiality is regarded as one of the core values of the justice system. Our standpoint assumes not only that judges experience emotions but also asserts that they are being manifested in varied ways. Our analysis is based on Arlie Hochschild’s conception of emotional labour. Such labour is being performed when an individual reflects on his or her feelings and makes an effort either to change or to inhibit emotions which are regarded as misfitting. The necessity of emotional work is a result of cultural feeling and expression rules. It seems prima facie that there is one clear expression rule regarding displaying emotions by the judge in the Polish legal culture: no emotions allowed. However, contrary to possible reconstructed declarations and recommendations warning judges against showing emotions, the rules of expressing them in Polish courts are not unequivocal. We claim that one can distinguish between unconditional and conditional rules of expressing emotions. The former relate to expressing emotions concerning non-professional participants, and conditional rules of expressing emotions relate to professional participants in the hearing. There are situations in which an emotional reaction is reasonable, because it represents certain values to which the justice department adheres, and those in which judges regret showing annoyance or anger. The goal of the emotional labour performed is not only a realization of the value of impartiality, but also the balance of the judges that allows them to efficiently fulfil their role.
EN
The essence of future lawyers’ legal culture as an object of scientific analysis is under review in the article. The concept of future lawyers’ legal culture by analyzing and summarizing the provisions of cultural studies, philosophy, sociology, pedagogy, psychology, political science and law is observed. It is determined that future lawyers’ legal culture is characterized by deep legal knowledge, awareness, precise and unconditional conviction in social values and rights in behavior that corresponds legal standards or readiness for such behavior. The isolation of the structural elements of the future lawyers’ legal culture considering subjective and objective aspects of the phenomenon of legal culture was highlighted. It was found out that the structure of the future lawyers’ legal culture includes subjective and objective elements. The subjective element is a positive sense of justice, which is a reflection of the consciousness of future lawyers’ legal reality, which in turn includes the right knowledge and understanding of principles and norms, values, awareness in law, respect for rights, the ability to interpret the meaning of the law, identify the purpose of adoption of a specific legal act, its scope and motivation of legally significant behavior. Positive justice implies not only a thorough knowledge of future lawyers’ legal rules but also implicit belief in their values, understanding their nature and appropriateness of use. The objective element – good behavior is an outward expression of an appropriate legal awareness, provides future lawyers’ ability to use legal knowledge in practice, exercise their rights, fulfill legal obligations to use domestic and international mechanisms and ways to protect violated rights, freedoms and legal interests. It is concluded that the legal culture of future lawyers is closely connected with the culture of a nation, is based on its principles and reflects the level of its development; it is formed in the legal system of the state and is embodied in its structural elements; provides a level of legal progress of society and the state, the perfection and reliability of the national legal system; acts as a guarantee of law and order, prevents the development of legal nihilism.
EN
The paper undertakes to sketch the factors which shape the development of alternative, deriving from the culture of common law, forms of settling legal disputes (ADR – Alternative Dispute Resolution) in the Continental culture (of the constituted law). The literature of the subject popularly includes the following modes in the non-adjudicative (out-of-court) methods of ADR: negotiation-based, mediation-conciliatory and arbitral. The paper points to the phenomena of globalization, proceduralization, and – in particular – to that of convergence of legal cultures and the communication-related vision of law as a cause behind the development of ADR in the culture of constituted law. As it follows from the analysis carried out by the author it is the concept of convergence of cultures, together with the negotiation-communication attitude of participation in the culture, which determine the chances, significance and lines of implementation of the idea concerning out-of-court methods of resolving disputes within the tradition of constituted law.
EN
“Nothing is vaguer than the word culture and nothing more misleading when culture is used to describe nations and eras.” J.G. Herder This article is an attempt to present the basic and most significant conceptions of understanding culture. It focuses around the evolution of different ways to interpret culture and what basic elements it consists of. Although we use the word “culture” rather often, each of us understands this notion differently. In this paper we can find the basic view on culture “as is” and how the concept of culture is assimilated by the theory of law. The perspective of culture is used to build such expressions as culture of rights, cultural defense. In attempts to resolve multicultural problems or different moral cultures we have to able to discuss culture. We must better understand its perception and reflect on how it can be interpreted.
15
Content available remote Kultura prawna przedsiębiorcy
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PL
Pojęcie kultury prawnej obejmuje zarówno wiedzę jednostki i grup społecznych o obowiązującym prawie, stosunek do tego prawa, jak również treść i formę źródeł prawa, doktryny prawne, naukę o prawie. Jej cechą jest przede wszystkim dynamizm. Przedsiębiorcą może być osoba fizyczna, osoba prawna, a nawet jednostka organizacyjna, prowadząca we własnym imieniu działalność gospodarczą lub zawodową. Analiza aktów normatywnych regulujących sytuację prawną poszczególnych rodzajów przedsiębiorców skłania do wniosku, że prawo polskie w istotny sposób determinuje poziom kultury prawnej części przedsiębiorców, zwłaszcza tych, którzy prowadzą działalność zawodową w zakresie usług prawnych.
EN
The notion of legal culture comprises the knowledge of the biding legislation demonstrated by individuals and social groups, their attitudes to this legislation, as well as the contents and form of sources of legislation, legal doctrines, the studies of law. Its main feature is dynamism. An entrepreneur may be a physical person, a legal person and even an organizational unit conducting business or professional activities on their own behalf. An analysis of legislative acts governing the legal situation of specific types of entrepreneurs leads to a conclusion that the Polish law to a large extent determines the level of legal culture for part of entrepreneurs, in particular the ones who conduct business activities related to legal services.
EN
Significant changes in the field of education observed in recent years under the influence of economic, political and social processes, as well as Ukraine’s entry into the global, in particular European, educational space, have become the basis for the implementation of educational reforms at all levels – from preschool to adult education. That is why there is an urgent need for professionals in various fields to have a high level of legal culture, because ignorance of the law does not absolve one from responsibility. In addition, the goal of all reform processes in our country is to achieve compliance with the European architecture in the relevant fields – legal, educational, medical, etc. Regulations are the main means of regulating and implementing legal policy in the field of education. Formation of legal culture of all participants in the educational process is a guarantee of the rule of law, a guarantee of fostering respect for the law and the state as a guarantor of law and order in the exercise of the right to education by every citizen. Accordingly, the legal competence of students, regardless of their field of study, is no longer just a requirement of modern society, but also a basic need of every person. The category of «legal culture» is one of the main characteristics of the country’s legal system, which helps to determine the quality of the legal life of society. The level of legal knowledge is an indicator that reveals the quality of the legal life of a higher education student, which allows the latter to evaluate both his or her own actions and/or inaction and the actions of other members of society and to distinguish legal relations in different branches of law. Structural components aimed at improving the level of legal culture of higher education students can be divided into informative components (regulatory framework of a higher education institution, charter, collective agreement, internal regulations, provisions and procedures governing the educational process, etc.), an evaluative component is the direct attitude of a higher education student to law in general (teaching general legal disciplines to understand the importance of legal knowledge and skills) and an organizational component is the activities of research and teaching staff. The issue of forming legal culture in higher education students should be prioritized during higher education, since knowledge of and compliance with the rules of law at the present stage of European development is unconditional.
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tom 7
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nr 4
683–692
EN
The merging of the Constitutional and Legal History of Poland with the General Constitutional and Legal History into one subject Constitutional and Legal History gave rise to the fear that Polish constitutional and legal institutions may be blurred in the area of general history. The absence of individual subject, whose name reflected Polishness, might contribute to the weakening of the spirit of historical community of Polish society, the spirit being previously moulded by the discussed subject. The essential educational element in the forming of the frame of mind of the lawyer inclined toward humanities is the knowledge of above all the constitutional history of his own country, the evolution of its political institutions and the law applied in courts. The discussed modification of the process of educating future lawyers at the Faculty of Law, Administration and Economy of the University of Wrocław may push to the background questions which laid the emphasis on the vernacular legal culture of the state. It is from the native constitutional and legal history that we obtain the first line experience. The subject that was thus eliminated was the one characterized by rich historiography and the one that emphasized the historical continuity of Polish state and law.
EN
The university, as an intellectual community and space of research, education and development, shapes the academic culture. The aim of education is to provide law graduates with knowledge – undoubtedly crucial for practicing the profession, but also with competences and skills enabling them to participate in the legal culture. Deliberation is a process in which, through conscious, responsible and cognitively-oriented action, a rational, but also reflective change is possible, taking into account both the preferences of entities and, at the same time, the dynamics of the changing world around them. An organization of the university based on the philosophy of deliberation is in line with the academic tradition based on cognitive autonomy, understood as the right of researchers and students to freedom of learning and teaching.
PL
Uniwersytet jako wspólnota intelektualna i przestrzeń badań, edukacji oraz rozwoju kształtuje kulturę akademicką. Celem kształcenia jest przekazanie absolwentom prawa wiedzy - bez wątpienia kluczowej dla wykonywania zawodu, ale również kompetencji i umiejętności umożliwiających uczestniczenie w kulturze prawa. Deliberacja jest procesem, w którym poprzez świadome, odpowiedzialne oraz ukierunkowane na poznanie działanie, możliwa jest racjonalna, ale również refleksyjna zmiana, uwzględniająca zarówno preferencje podmiotów jak i jednocześnie dynamikę zmiany otaczającego ich świata. Organizacja uniwersytetu w oparciu o filozofię deliberacji wpisuje się w tradycję akademicką, opartą o autonomię poznawczą, rozumianą jako podmiotowe prawo badaczy i studentów do wolności nauki i nauczania.
PL
Artykuł opisuje dyskusje, które miały miejsce podczas IV Konferencji CEENELS (Moskwa, 14–15 czerwca  2019). Celem konferencji była analiza zagadnienia innowacyjności w zakresie prawa w Europie Środkowo-Wschodniej. Temat ten został wybrany jako kontynuacja poprzednich konferencji CEENELS. Organizatorzy chcieli podważyć powszechne przekonanie, że w kulturze prawnej Europy Środkowo-Wschodniej brakuje oryginalnych oraz nowatorskich koncepcji i pomysłów. Nawet jeśli konferencja nie przyniosła definitywnej odpowiedzi na temat charakteru kultury prawnej krajów Europy Środkowo-Wschodniej, to pokazała, że region ten jest nie tylko terytorium przeszczepów prawnych i recepcji idei, koncepcji i instytucji prawnych, tworzonych w Europie Zachodniej lub USA.
EN
The paper describes the debates which took place during the 4th Annual CEENELS Conference (Moscow, 14–15 June 2019). The aim of the conference was to analyse the issue of legal innovativeness in Central and Eastern Europe, the topic which was chosen as a continuation of previous CEENELS conferences. The organizers wanted to challenge the widespread belief that the legal culture of Central and Eastern Europe lacks original and innovative concepts and ideas. Even if the conference did not bring a definitive answer about the character of Central and Eastern European countries’ legal culture, it showed that the region is not only a territory of legal transplants and reception of legal ideas, concepts and institutions, created in Western Europe or the US.
PL
The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.
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