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The Limits of Juristic Power from the Perspective of the Polish Sociological Tradition

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Paweł Jabłoński and Przemysław Kaczmarek

The aim of the book is to outline and discuss a way of thinking about the limits of juristic power. In terms of research methodology, the authors’ approach entails relating the topography of such limits to selected theoretical frameworks developed within the Polish sociological tradition. The argument draws, above all, on the works of Leon Petrażycki, Jerzy Lande, Bronisław Wróblewski, Adam Podgórecki, Florian Znaniecki, Jacek Szmatka, and Piotr Sztompka. Striving to have each aspect shed light on the other, the authors seek out theoretical arguments which support their account of these limits. They present their model of the limits of juristic power, which includes the following constitutive factors: 1) politico-legal culture, 2) legal texts, 3) juristic culture, and 4) subjective factors (i.e. an individual, axiological sense rooted in ethical and aesthetic judgments)

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Foreword to the English edition

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This book is an English translation of a work which was published in Polish as Granice władzy prawniczej w perspektywie polskiej tradycji socjologicznej, by the NOMOS Publishing House in 2017.

With the publication of this English-language version, we would like to thank some people whose help was essential for the successful completion of the project. In particular, we express our gratitude to Stephen Dersley, who took on the difficult task of translating the work into English. We would also like to thank Dr. Rafał Mańko for the work invested in his review, which proved very helpful in preparing the final version of the translation. We offer our final words of thanks to Professor Karol Kiczka, the Dean of the Faculty of Law, Administration and Economics of the University of Wrocław, for providing financial support for the English-language version of the publication.

The translation into English of a work that was not only written and “thought” in Polish, but which is also deeply embedded in the Polish theoretical tradition, has inevitably entailed a variety of translation problems. We would like to comment briefly on one of them, because the issue is of crucial importance for the way the entire work is interpreted. The point is that there is no word in English that can faithfully translate the Polish term “prawnik”, which is basic and fundamental for us. The Polish word “prawnik” denotes all people who have an educational background in law and...

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