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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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The limits of juristic power from the perspective of the Polish sociological tradition

Our aim in this book is to outline and discuss a way of thinking about the limits of juristic power. In terms of research methodology, our approach entails relating the topography of such limits, as outlined in Chapter One, to selected theoretical frameworks developed within the Polish sociological tradition. Our 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, we seek out theoretical arguments which support our account of these limits.

Our model of the limits of juristic power 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). By politico-legal culture, we mean a political morality specific to a given society – something which forms the basic axiological frame of reference. A good example of an element essential to the politico-legal culture prevalent in liberal societies is respect for human dignity and the associated recognition of the concept of a democratic rule of law. Following Maciej Zieliński, we understand legal text as the entirety of legal regulations in force at a given place in a given time. Unlike politico-legal culture, legal text is a product not of the entire society, but rather of...

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