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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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Article 31 Section 3 of the Polish Constitution and Leon Petrażycki’s Concept of the Policy of Law

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1 Objective

In line with the title of the monograph for which this paper has been subjected (to recall, the title is The Concepts of Modern Law. Central European Traditions), each chapter it comprises should, firstly, refer to the modernist image and vision of the world that could be described using terms such as determinism, universalism, scientism, objective and methodological naturalism; secondly, to confront the said image or vision with the current state of contemporary Polish law (or, in a broader sense, the Central European law), and lastly, to identify the sources of modernist solutions in the Polish law (or, in a broader sense, the Central European law) by referring to, primarily, Polish authors, or in a broader approach, to authors of the Central European region. Thus one could determine in general the objective of this paper. The general objective of the paper, however, always takes a more detailed approach; we should then indicate, on a point of order, that the specific objective of this paper is, in the following order: 1) to provide a (brief, of course) analysis of a proposal of a scientific policy if law developed by Leon Petrażycki1, 2) to prove the modernist character of this proposal and 3) to prove that it is correlated with the currently binding Article 31 Section 3 of the Polish Constitution.2 In other words, the aim is to determine, ←83 | 84→as follows: 1) the source (at least the potential source) of modernist solutions in...

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