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A Post-Analytical Approach to Philosophy and Theory of Law

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Edited By Andrzej Bator, Zbigniew Pulka and Jan Burzyński

Post-analytical philosophy of law departs from the traditional view which considers philosophical cognition merely as a sense-making and optimizing activity. It also questions the apparently universal and objective character of the theorems put forward by existing analytical philosophy. Just like every scientific trend whose name is supplemented with the "post" prefix, it does not break with its past, but rather seeks to critically revisit its established achievements. The main goal of post-analytical philosophy is no longer to impose a conceptual structure upon chaos in the realm of legal and political phenomena. Rather, it seeks to deconstruct the analytical, both philosophical and legal, narrative to expose it as a collection of schemes which oversimplify – if not mystify – the legal and political reality. This kind of diagnosis paves the way towards the construction of a positive program of post-analytical philosophy of law, which the focus of this book.

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Introduction

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In the Western tradition, the primary function of philosophical cognition was to optimize the perception of an object by proving it to be a carrier of a specific order. Within the philosophical realm, the analytical current was the most far-reaching attempt to tame the chaos of ideological frenzy of the 20th century, or at least to distance oneself from this chaos. Neo-positivism reduced philosophy to the logical analysis of academic language. Within the philosophy of law, an attempt to seek order in legal and political phenomena was the analytical philosophy of law, which reduces the academic image of law to the logical and linguistic dimensions. There is a definite correlation between neo-positivism and the analytical philosophy of law, at least when considering Polish theory and philosophy of law. The post-analytical approach is a critical response to the idea of order introduced into the language of science by the analytical tradition. It does not in extenso undermine the principles and claims of analytical philosophy, but instead seeks to relativize it, bringing the logocentric image of language reality, as founded by analytical philosophy, to one of the available scientific discourses. Post-analytical philosophy does not, therefore, negate the existing practices of language sciences, but rather thrives on their critique. It urges to broaden the field and perspectives of academic perception. As any research current of the “post” type, the post-analytical approach also cannot exist without ideas founded on its own tradition.

The post-analytical vein of the philosophy of law...

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