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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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Postanalytical Challenges to Legal Education in Poland

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Nathan Glazer, the author of a broadly debated article “The Schools on Minor Profession,”1 qualifies law and medicine among the sciences that are characterized by strong professionalization. The decisive features that he takes into account are the type of work performed and the character of the profession. Glazer suggests that the work of a lawyer, similar to that of a medic, is of purely technical character. Their education is preceded by a tedious and long-lasting effort of gathering systemic knowledge and skills because of the requirement of long-term training are not accessible to laymen. Second, professionalization is closely connected with the stability of politics. The so-called weak profession schools, as Glazer claims, are susceptible to inevitable influences of fashion and politics. Pedagogy is in his opinion a classical example of a weak profession: its research results depend on the constantly changing views on the place of humans in the world, the desired patterns of personality and social roles, as well as the shape, size, and diversity of the society. Contrary, schools of strong professions have at their disposal something in the form of “deep structures” that do not yield to political pressure and changing fads. What can change is only the surface that serves rather esthetic functions and has no bearing on the matter of the discipline, just like in medicine where new eating habits or models of human body reinforced by fitness coaches do not bear any impact on the foundations of the discipline, which are...

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