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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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Values in the Interpretation of Law. (From the Traditional to the Contemporary Approach in the Polish Theory of Law)

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1 Introduction

Interpreting the texts, or, more generally, linguistic expressions, has long been the subject of consideration in all the areas of humanities – from philosophy to linguistics or cultural anthropology. The general preconception that interpretation in way expresses the values and depends on them has probably been present in the humanities since their beginning, however it was the recent decades – particularly due to the theories such as hermeneutics, neopragmatism or the latest analytical philosophy – that this preconception has been specifically expressed. In view of this keen interest of the relation between the issue of interpretation and the questions of axiology, it is justified to talk about a certain ethical turning point in the humanities.1

In the legal sciences, there has also been a keen interest in the relationship between the legal interpretation and the values. It should be emphasized, however, that each legal culture explains the given problem in their own, to a certain extent separate, way. It is due to the fact that the manner of reflecting on the issue mentioned depends, to a significant degree, on the history, type of legal system it is based on, as well as on the legal tradition and the general philosophical, ethical and scientific tradition. There are certain differences between the reflection over the relationship between the interpretation and values in the American legal thought and the relevant reflection in the mid-European theory or philosophy of law. The aim of this paper is to outline the...

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