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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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From the Psychologism of Leon Petrazycki to the Model of Subjective Criminal Liability in the Polish Law

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1 Introduction

The contemporary model of criminal liability in the Polish law is the outcome of the clash of various outlooks, approaches or even the whole concepts – legal, psychological and sociological. The position of Poland on the map of Europe is also important, as well as the associated historic turmoil. The modern Polish criminal law has evolved under the influence of the occupant law (German, Russian and Austria from the turn of the 19th and 20th century), as well as the views of the legal scholars of that time, with the German scholars having the biggest impact on the Polish legal system. It is also worth noting that Polish criminal law remained under the influence of the Soviet thought for decades, which also left its mark on some modern normative solutions. Currently, in the age of globalisation, the Polish legal system – criminal law included – remains under the influence of various trends, not necessarily associated with particular nationality, quite often originating in the international (supranational) entities (organisations) like the Council of Europe or the European Union. As a result, the modern system of Polish criminal law is very varied in terms of the sources of solutions adopted therein.

It is worth emphasising that the system of Polish criminal law is very dynamic, as it is undergoing constant transformations. Some problems disappear, to be replaced by other. In this regard, it is worth noting – in the last several years in Polish science of criminal law, and...

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