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The Concept of Modern Law

Polish and Central European Tradition

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Edited By Michał Peno and Konrad Burdziak

This book contains texts prepared by representatives of various branches of law, philosophers and dogmatists who link a general reflection on law with caselaw. This ensures that the presented approaches are versatile and insightful, and that the addressed issues vary, the most important of which is the oeuvre of the Polish jurisprudence and its contribution to building a modern state and legal theories. The context exceeds beyond a simple report on or presentation of this oeuvre and, in many cases, it only refers to it.

The primary aim of this book is to determine, as follows: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.

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Preface

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The monograph contains texts prepared by representatives of various branches of law, philosophers and dogmatists who link a general reflection on law with caselaw. This ensures that the presented approaches are versatile and insightful, and that the addressed issues vary, the most important of which is the oeuvre of the Polish jurisprudence and its contribution to building a modern state. The context exceeds beyond a simple report on or presentation of this oeuvre and in many cases it only refers to it.

The content of this volume is as follows. The monograph begins with the issue of policy of law in historical, theoretical and dogmatic-legal aspect. The policy of law is a modern project ‘par excellence’ which provides a coherent framework of a specific tradition the legal thought of the beginning and the end of the 20th century. Petrażycki’s policy of law was the culmination of the great project of the scientific theory of law based on psychological grounds, in a sense descriptive (empirical) threads have never been forsaken for philosophical speculation. Although axiology played here a role, over the previous century it was considered a science of morality with all its (neo-positivist) consequences. These issues are addressed in a text titled Leon Petrażycki’s policy of law and Jerzy Wróblewski’s theory of law (J. Jaśkiewicz PhD). It seems that there was an iunctum between the general reflection on law and detailed jurisprudence (dogmatists). A successful attempt to indicate such relations is found...

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