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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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Introduction: The Idea of Modern Law in the Light of Polish Legal Doctrine and Theory of Law

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The monograph contains texts pertaining to the most important issues from the field of research on the forming, shaping (reshaping) and evolution of modern jurisprudence in Central European legal tradition (here, this term will be applied intuitively to characterise countries such as Poland, Bulgaria, the Czech Republic, Romania, Slovakia, Hungary and probably Belarus or Ukraine, and partially also the Baltic States). It should be noted at the very beginning that Polish jurisprudence serves here as the fundamental reference point. The very notion of legal tradition may give rise to certain concerns that are not definitively resolved in the monograph. The indirect objective of this book is to answer the question whether such a tradition exists and what is the role it plays in the globalising world of legal though that remains influenced by Western sciences (particularly the Anglo-Saxon ones). This question can be answered in reference to the innovative character of ways in which research problems can be solved, the historical continuity (identity) of concepts, theories, schools and research institutions, as well as a certain type of cultural connections with Central European jurisprudence. It should be noted that Polish jurisprudence in a broad sense collects in its history, present day and ambitions all the characteristics that are typical of the central part of Europe, namely, (a) pluralism of sources and inspirations (related to long-term absence of statehood and the resulting employment of researchers at various research institutions), (b) relatively late, yet highly intense implementation of Enlightenment ideas that...

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