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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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Legal Policy by Leon Petrazycki vs. Theory of Law by Jerzy Wróblewski

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1 Introduction

Nearly all scientific publications on the policy of law1 begin with a presentation of Leon Petrazycki’s ideas. It is not only due to the fact that Petrazycki is believed to be a pioneer of this discipline, but also due to the expansiveness and longevity of his concept of creating a certain superscience, incorporating nearly all aspects of normative, economic and psychosocial functioning of law. Petrazycki was a renowned representative of the German school of law, an equally exquisite member of the academic society of the Russian Empire and a pioneer and symbol of a sovereign Polish science – recovering after more than a century of foreign rule. During his academic work in Germany and Russia (until the Bolshevik revolution) he was a popular and renowned scholar. He was treated with great esteem at the beginning of his scientific career in Poland. However, he cannot be described as a scholar praised by politicians and decision-makers. Petrazycki remained uncompromising and independent in his scientific work, what is emphasized in a sense by the circumstances of his life decisions and tragic death2.

Innovation and multitude of dimensions in Petrażycki’s programme was an original, controversial and – above all – unknown phenomenon for many of his contemporary researches, who functioned in different cultural or linguistic circle. It was also due to his personal and scientific peregrinations, as Petrazycki, unlike any of his contemporary prominent lawyers, had been entangled in the ←17 | 18→twists of history of the Central...

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